Konkan LNG Private Limited (KLPL), Dabhol ------RFQ/ Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 dated 01.08.2019
BIDDING DOCUMENT FOR Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of 24 months. TENDERING UNDER “DOMESTIC COMPETITIVE BIDDING”
Prepared and Issued by
Konkan LNG Private Limited At & Post Anjanwel, Tal-Guhagar Dist.: Ratnagiri Maharashtra-415634 Ph. No. : 02359-241015
BID/OFFER/TENDER IS TO BE SUBMITTED AT BELOW ADDRESS THROUGH REGD.POST / COURIER:-
HOD (C&P), Konkan LNG Private Limited At & Post Anjanwel, Tal-Guhagar Dist.: Ratnagiri Maharashtra-415634 Ph. No. : 02359-241015
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years Page 1 of 162
SECTION-I
INVITATION FOR BID (IFB)
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 2 of 162
SECTION-I "INVITATION FOR BID (IFB)”
Ref No: KLPL/C&P/INST/SFL011/33000011/2019-20 Date: 01.08.2019
To,
PROSPECTIVE BIDDERS
SUB: TENDER DOCUMENT FOR Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of 24 months.
Dear Sir/Madam,
1.0 Konkan LNG Pvt. Limited, promoted by M/s GAIL (India) Limited & M/s NTPC Limited, having registered office at 16, Bhikaji Cama Place, New Delhi 110066 & CIN No. U11100DL2015PTC288147, invites bids from bidders for the subject job/works, in complete accordance with the following details and enclosed Tender Documents.
2.0 The brief details of the tender are as under:
Hiring of AMC for Testing and Calibration of IR NAME OF WORK / BRIEF SCOPE OF (A) Gas Detectors in LNG terminal at KLPL for SERVICE /JOB contract period of Two years. KLPL/C&P/INST/SFL011/33000011/2019- (B) TENDER NO. & DATE 20 dated 01.08.2019
SINGLE BID SYSTEM X (C) TYPE OF BIDDING SYSTEM TWO BID SYSTEM ✓
E-TENDER X (D) TYPE OF TENDER MANUAL ✓
(E) COMPLETION/CONTRACT PERIOD 24 MONTHS AS PER SCC Clause. No. 2
APPLICABLE ✓ NOT APPLICABLE BID SECURITY / EARNEST MONEY (F) X DEPOSIT (EMD)
Applicable Rs.21,000.00 (Rupees Twenty One Thousand Only) in form of DD/BG/BC/Electronic Transaction mode payable at SBI, Sringartali
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 3 of 162
(REFER CL. No. 16 OF ITB) FROM 01.08.2019 (09:15 HRS., IST) TO AVAILABILITY OF TENDER 23.08..2019 (13:00 HRS. IST) ON FOLLOWING (G) DOCUMENT ON WEBSITE(S) GAIL’s TENDER’s WEBSITE:- WWW.GAILTENDERS.IN DATE: 08.08.2019 TIME: 11:00 HRS.
DATE, TIME & VENUE OF PRE-BID VENUE: CONFERENCE HALL (H) MEETING KONKAN LNG PRIVATE LIMITED AT & POST ANJANWEL, TAL-GUHAGAR DIST.: RATNAGIRI MAHARASHTRA-415634 PH. NO. : 02359-241015 DUE DATE & TIME OF BID- DATE: 23.08.2019 (I) SUBMISSION TIME: 13:00 HRS. DATE AND TIME OF UN-PRICED DATE: 23.08.2019 (J) BID OPENING TIME: 14:00 HRS. NAME : SANDESH YADAV / JASPREET SINGH DESIGNATION:Sr Officer(C&P)/Sr Manager(C&P) CONTACT DETAILS OF TENDER (K) PH. NO.:02359-241015 DEALING OFFICER E-MAIL: [email protected], [email protected]
In case of the days specified above happens to be a holiday in KLPL, the next working day shall be implied.
3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB depending upon Type of Tender as mentioned at Clause no. 2.0 (D) of IFB. The IFB is an integral and inseparable part of the bidding document.
4.0 In case of Manual Bids, bids complete in all respect should reach at the address specified in Bid Data Sheet on or before the due date & time. Bids received after the due date and time is liable to be rejected.
5.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not to stipulate any deviations/exceptions.
6.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this Tender Document, may download the complete Tender Document alongwith its amendment(s) if any from websites as mentioned at 2.0 (G) of IFB and submit their Bid complete in all respect as per terms & conditions of Tender Document on or before the Due Date & Time of Bid Submission.
8.0 Bid(s) received from bidders to whom tender/information regarding this Tender Document has been issued as well as offers received from the bidder(s) by downloading Tender Document from above mentioned website(s) shall be taken into consideration for evaluation & award provided that the Bidder is found responsive subject to provisions contained in Clause No. 2 of ITB. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 4 of 162
The Tender Document calls for offers on single point “Sole Bidder” responsibility basis (except where JV/Consortium bid is allowed pursuant to clause no. 3.0 of ITB) and in total compliance of Scope of Works as specified in Tender Document.
9.0 Any revision, clarification, corrigendum, time extension, etc. to this Tender Document will be hosted on the above mentioned website(s) only. Bidders are requested to visit the website regularly to keep themselves updated.
10.0 All the bidders including those who are not willing to submit their bid are required to submit F-6 (Acknowledgement cum Consent letter) duly filled within 7 days from receipt of tender information.
11.0 KLPL reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever.
This is not an Order.
For & on behalf of Konkan LNG Pvt. Limited
(Authorized Signatory) Name : SANDESH YADAV Designation : Sr. Officer (C&P) E-mail ID : [email protected] Contact No. : 02359-241015
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 5 of 162
DO NOT OPEN - THIS IS A QUOTATION
Bid Document No. : ………………… …………………
Description : ………………………………………
Due Date& Time : ………………………………………..
From: To:
…………………………………… …………………………………………………
…………………………………… …………………………………………………
(To be pasted on the envelope containing Bid (in case of Manual Tendering)/ Physical documents (in case of e-Tendering) )
======
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 6 of 162
SECTION-II
BID EVALUATION CRITERIA & EVALUATION METHODOLOGY
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SECTION-II
BID ELIGIBILITY / EVALUATION CRITERIA & PRICE EVALUATION METHODOLOGY
A. TECHNICAL BID ELIGIBILITY CRITERIA:
The Bidder must have successfully executed & completed at least 01 (one) single work/job of “Checking & Calibration / Maintenance of Gas Detector in Hydrocarbon Industry” of having value not less than Rs.2,15,000.00 (Rupees Two Lac Fifteen Thousand only) exclusive of taxes & duties in any Public Sector/ Government Organization / Private Limited Company in the preceding Seven [07] years as on due date of bid submission.
Note for Technical Criteria of BEC:
(i) A Job executed by a Bidder for its own plant/ project cannot be considered as experience for the purpose of meeting BEC of this Tender Document. However, jobs executed for Subsidiary/Fellow subsidiary / Holding company will be considered as experience for the purpose of meeting BEC subject to submission of tax paid invoice (s) duly certified by Statutory Auditor of the Bidder towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/ Holding company. Such Bidders to submit these documents in addition to the documents specified to meet BEC. (ii) In case of tenders for annual rate contracts/ maintenance contracts, where the bidder is executing a rate / maintenance contract which is still running and the contract value /quantity executed till one day prior to due date of bid submission is equal to or more than the minimum prescribed value / quantity mentioned in the BEC, such experience will also be taken into consideration provided that the bidder has submitted satisfactory work / supply execution certificate issued by the end user / owner / authorized consultant. (iii) Experience acquired by the bidder as a sub-contractor may be accepted against submission of certificate from End User. (iv) Only documents (Purchase/Work Order, Completion Certificate, Execution Certificate etc.) which have been referred/ specified in the bid shall be considered in reply to Techno- Commercially Query(s), if any.
B. FINANCIAL BID ELIGIBILITY CRITERIA: Not Applicable
C. RELAXATION OF PRIOR TURNOVER AND PRIOR EXPERIENCE FOR STARTPUS (AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY), AS AMENDMED TIME TO TIME: Relaxation of prior experience/turnover for start-ups is not applicable to this tender.
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D. DOCUMENTS TO BE SUBMITTED FOR COMPLIANCE TO BEC
In support of the claim of meeting the above experience criterion, bidder must submit documentary proof in the form of:
a) Copy of detailed relevant Work order along with its Schedule of Rates, SCC, Scope of Work. b) Copy of Completion/ Execution/Client Certificate issued by end user/ owner (or their consultant who has been duly authorized by them to issue such certificate) which should clearly reflect: Full address of client & details of officer issuing such certificate. Reference of relevant order. Awarded contract value. Contractual period of work and Actual date of completion (if applicable) of work. Confirmation of successful execution of job. Completed/executed value
E. AUTHENTICATION OF DOCUMENTS TO BE SUBMITTED IN SUPPORT OF BEC:
All documents in support of qualifying the experience criteria of BEC to be furnished by the Bidder shall necessarily be duly certified/ attested by Notary Public with legible stamp.
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F. PRICE EVALUATION METHODOLOGY:
Methodology for evaluation & comparison of bids and award/distribution of job in tender’s terms & conditions as mentioned below:-
KLPL will evaluate and compare the Bids previously determined to be substantially responsive pursuant to “Instructions to Bidders (ITB)" of this Tender Document.
. Price Bid shall be opened in respect of only the techno-commercially acceptable bidders whose bids have been found to be substantially responsive. . The job in SOR is an integral and inseparable. Splitting of SOR jobs are not allowed. . Price Bids shall be evaluated on the basis of total quoted price in the “SOR” for ‘Material and Services’ of all the Techno-Commercially Acceptable Bidders shall be evaluated to arrive at the ‘Lowest Offer/Bid” (L1) on “overall” basis. Bidders are required to quote Net rates including all the taxes except GST RATE for the complete SOR of the quoted parts(s). The bidder shall mention the amount and rate of applicable GST in the price bid separately and clearly. (if any applicable). . The input credit of GST (CGST & SGST/UTGST or IGST) shall be considered for evaluation of bids. . In case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) during evaluation of bid. . In case the bidder is covered under Composition Scheme under GST laws, then bidder should quote the price inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST) of price schedule. . In case any cess on GST is applicable same shall also be considered in evaluation. . In case the bidder does not quote for any item(s) of “Schedule of Rates” and the estimated price impact of the unquoted item(s) is more than 10% of his quoted price, the bid will be rejected. If such price impact of unquoted item(s) is 10% or less of his total quoted price and under special circumstances, Owner/G/Consultant decide to consider the bid, then for the purpose of comparison, the unquoted item(s) shall be loaded by the price impact calculated on the basis of highest of the Price quoted by the other bidders and estimated price. If after evaluation, such bidder is found to be the lowest (L1) evaluated bidder, the rates for the unquoted item(s) shall be considered as included in quoted bid and paid at zero rates after award of work. . The price preference etc. available for Micro, Small Enterprises shall be applicable as per Govt. guidelines. The relevant certificate must be submitted attested by chartered Accountant and duly notarized by notary public with legible stamp. (Refer Clause No.25- ITB) . Bids from Joint venture / Consortium: Not Applicable for this tender.
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SECTION-III
INSTRUCTION TO BIDDERS
(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
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SECTION-III INSTRUCTION TO BIDDERS
INDEX [A] GENERAL: 1. SCOPE OF BID 2. ELIGIBLE BIDDERS 3. BIDS FROM CONSORTIUM / JOINT VENTURE 4. ONE BID PER BIDDER 5. COST OF BIDDING 6. SITE-VISIT
[B] BIDDING DOCUMENTS: 7. CONTENTS OF BIDDING DOCUMENTS 8. CLARIFICATION OF BIDDING DOCUMENTS 9. AMENDMENT OF BIDDING DOCUMENTS
[C] PREPARATION OF BIDS: 10. LANGUAGE OF BID 11. DOCUMENTS COMPRISING THE BID 12. SCHEDULE OF RATES / BID PRICES 13 GST (CGST & SGST/ UTGST or IGST ) 14. BID CURRENCIES 15. BID VALIDITY 16. EARNEST MONEY DEPOSIT 17. PRE-BID MEETING 18. FORMAT AND SIGNING OF BID 19. ZERO DEVIATION & REJECTION CRITERIA 20. E-PAYMENT
[D] SUBMISSION OF BIDS: 21. SUBMISSION, SEALING AND MARKING OF BIDS 22. DEADLINE FOR SUBMISSION OF BIDS 23. LATE BIDS 24. MODIFICATION AND WITHDRAWAL OF BIDS
[E] BID OPENING AND EVALUATION: 25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS 26. BID OPENING 27. CONFIDENTIALITY 28. CONTACTING THE EMPLOYER 29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 30. CORRECTION OF ERRORS 31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS 32. EVALUATION AND COMPARISON OF BIDS 33. COMPENSATION FOR EXTENDED STAY 34. PURCHASE PREFERENCE Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 12 of 162
[F] AWARD OF CONTRACT: 35. AWARD 36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA] 37. SIGNING OF AGREEMENT 38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 39. PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES 40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISE 41. AHR ITEMS 42. VENDOR EVALUATION PROCEDURE 43. INCOME TAX & CORPORATE TAX 44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER 45. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS PROVIDERS) 46. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS 47. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY 48. QUARTERLY CLOSURE OF THE CONTRACT 49. PROVISION FOR STARTUPS 50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT NOTE TOWARDS PRS
[G] ANNEXURES: 1. ANNEXURE-I : ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTION FOR PARTICIPATION IN E-TENDER) 2. ANNEXURE-II: BIDDING DATA SHEET (BDS) 3. ANNEXURE-III: DISPUTE RESOLUTION MECHANISM
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INSTRUCTIONS TO BIDDERS [ITB] (TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
[A] – GENERAL
1 SCOPE OF BID
1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to receive Bids as described in the Bidding Document/Tender document issued by Employer. Employer/Owner/KLPL occurring herein under shall be considered synonymous. 1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Bidding documents. 1.3 The successful bidder will be expected to complete the scope of Bid within the period stated in Special Conditions of Contract. 1.4 Throughout the Bidding Documents, the terms 'Bid', 'Tender' & ‘Offer’ and their derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means 'Calendar Day' and 'Singular' also means 'Plural'.
2 ELIGIBLE BIDDERS
2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/ Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause No. 39” (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices). 2.2 The Bidder is not put on ‘Holiday’ by KLPL/GAIL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned/blacklisted by Government department/ Public Sector on due date of submission of bid. Further, neither bidder nor their allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of KLPL/GAIL or the Ministry of Petroleum and Natural Gas. If the bidding documents were issued inadvertently/ downloaded from website, offers submitted by such bidders shall not be considered for opening/ evaluation/Award and will be returned immediately to such bidders. In case there is any change in status of the declaration prior to award of contract, the same has to be promptly informed to KLPL by the bidder. It shall be the sole responsibility of the bidder to inform about their status regarding para 1 of clause 2.2 herein above on due date of submission of bid and during the course of finalization of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to action against such Bidders as per clause 39 of ITB. 2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on due date of submission of bid. In case there is any change in status of the declaration prior to award of contract, the same has to be promptly informed to KLPL by the bidder. It shall be the sole responsibility of the bidder to inform KLPL there status on above on due date of submission of bid and during the course of finalization of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to action against such Bidders as per clause no.39 of ITB. 2.4 Bidder shall not be affiliated with a firm or entity: (i) that has provided consulting services related to the work to the Employer during the preparatory stages of the work or of the project of which the works/services forms a part of or (ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant for the contract. 2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process unless it is the sole Licensor/Licensor nominated agent/ vendor.
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2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all necessary supporting documentary evidence to establish Bidder’s claim of meeting qualification criteria. 2.7 Power of Attorney: In case of a Single Bidder, Power of Attorney issued by the Board of Directors/ CEO /Chairman/ MD / Company Secretary of the Bidder/ all partners in case of Partnership firm/any person authorized in terms of Deed of LLP/Proprietor in favour of the authorised employee(s) of the Bidder, in respect of the particular tender for signing the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender and to act and take any and all decision on behalf of the Bidder, is to be submitted. The authorized employee(s) of the Bidder shall be signing the Bid and any consequence resulting due to such signing shall be binding on the Bidder.
3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM"- NOT APPLICABLE
4 ONE BID PER BIDDER
4.1 A Firm/Bidder shall submit only 'one [01] Bid' in the same Bidding Process. A Bidder who submits or participates in more than 'one [01] Bid' will cause all the proposals in which the Bidder has participated to be disqualified. 4.2 Alternative Bids shall not be considered.
5 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not limited to Bank charges all courier charges including taxes & duties etc. incurred thereof. Further, KLPL will in no case, be responsible or liable for these costs, regardless of the outcome of the bidding process.
6 SITE VISIT
6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the required job. The costs of visiting the site shall be borne by the Bidder. 6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to enter upon its premises and land for the purpose of such visits, but only upon the express conditions that the Bidder, its personnel and agents will release and indemnify the Employer and its personnel, agents from and against all liabilities in respect thereof, and will be responsible for death or injury, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of inspection.
6.3 The Bidder shall not be entitled to hold any claim against KLPL for non-compliance due to lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary information with regard to site, surrounding, working conditions, weather etc. on its own before submission of the bid.
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[B] – BIDDING DOCUMENTS
7 CONTENTS OF BIDDING DOCUMENTS 7.1 The contents of Bidding Documents / Tender Documents are those stated below, and should be read in conjunction with any 'Corrigendum' issued in accordance with "ITB: Clause-9": Section-I : Invitation for Bid [IFB] Section-II : BID Eligibility/ Evaluation Criteria [BEC] & Evaluation methodology Section-III : Instructions to Bidders [ITB], Annexure, Forms & Format Section-IV : Special Conditions of Contract [SCC] & Scope of Work & Technical Specification Section-V : Health, Safety and Environment Specification (HSE) Section-VI : General Conditions of Contract [GCC]** Section VII : Schedule of Rates (SOR) – Price Bid
**“The Hindi version of GCCs are available on GAIL’s tender website (www.gailtenders.in) for reference. However, in case of any discrepancy in English & its Hindi translation, for interpretation and legal aspects, the English version shall prevail.” 7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all its attachments thereto, shall be considered to be read, understood and accepted by the Bidders. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in every respect will be at Bidder's risk and may result in the rejection of his Bid.
8 CLARIFICATION OF BIDDING DOCUMENTS
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify KLPL in writing or email at KLPL's mailing address indicated in the BDS no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or 05 (five) days prior to the due date of submission of bid in cases where pre-bid meeting is not held. KLPL reserves the right to ignore the bidders request for clarification if received after the aforesaid period. KLPL may respond in writing to the request for clarification. KLPL's response including an explanation of the query, but without identifying the source of the query will be uploaded on KLPL’s tendering web site / communicated to prospective bidders by e-mail. 8.2 Any clarification or information required by the Bidder but same not received by the Employer at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification / information required".
9 AMENDMENT OF BIDDING DOCUMENTS
9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by corrigendum. 9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be hosted on the websites as provided at clause no. 2.0 (G) of IFB /communicated to prospective bidders by e-mail. Bidders have to take into account all such corrigendum before submitting their Bid. 9.3 The Employer, if consider necessary, may extend the date of submissions of Bid in order to allow the Bidders a reasonable time to furnish their most competitive bid taking into account the corrigendum issued thereof.
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[C] – PREPARATION OF BIDS
10 LANGUAGE OF BID:
The bid prepared by the Bidder and all correspondence, drawing(s), document(s), certificate(s) etc. relating to the Bid exchanged by Bidder and KLPL shall be written in English language only. In case a document, certificate, printed literature etc. furnished by the Bidder in in a language other than English, the same should be accompanied by an English translation duly authenticated by the Chamber of Commerce of Bidders Country, in which case, for the purpose of interpretation of the Bid, the English translation shall govern.
11. DOCUMENTS COMPRISING THE BID
11.1 In case the Bids are invited under the Manual two Bid system. The Bid prepared by the Bidder shall comprise the following components sealed in 2 different envelopes:
11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the following: (a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents. (b) 'Bidder's General Information', as per 'Form F-1'. (c) Copies of documents, as specified in tender document (d) As a confirmation that the prices are quoted in requisite format complying with the requirements copy of Schedule of Rate (SOR) with prices blanked out mentioning quoted / not quoted (as applicable) written against each item. (e) 'Letter of Authority’ on the Letter Head, as per 'Form F-3' (f) 'Agreed Terms and Conditions', as per 'Form F-5' (g) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-6' (h) Duly attested documents in accordance with the "BID EVALUATION CRITERIA [BEC]" establishing the qualification. (i) Power of Attorney /copy of Board Resolution, in favour of the authorized signatory of the Bid, as per clause no.2.7 of ITB (j) EMD in original as per Clause 16 of ITB (k) All forms and Formats including Annexures (l) List of consortium/ JV member (s), if any, and Consortium Agreement (as per format ) clearly defining their involvement & responsibility in this work, wherever applicable as specified elsewhere in the IFB/RFQ/BEC. (m) ‘Integrity Pact’ as per ‘Form F-13’ (n) Tender Document duly signed/ digitally signed by the Authorized Signatory. (o) Additional document specified in Bidding Data Sheet (BDS). (p) Any other information/details required as per Bidding Document
Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder.
11.1.2 ENVELOPE-II: Price Bid i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding documents. KLPL shall not be responsible for any failure on the part of the bidder to follow the instructions. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 17 of 162
ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR format or anywhere else in the offer. In case Bidder(s) intend to offer any Rebate/Discount, they should include the same in the item rate(s) itself under the “Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only. iii) If any unconditional rebate has been offered in the quoted rate the same shall be considered in arriving at evaluated price. However no cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids. iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the lowest evaluated bidder without considering the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for Award of Work and the same will be conclusive and binding on the bidder. v) In the event as a result of techno-commercial discussions or pursuant to seeking clarifications / confirmations from bidders, while evaluating the un- priced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices; such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation. vi) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the estimated price impact is more than 10% of the quoted price, then the bid will be rejected. If such price impact of unquoted items is 10% or less of his quoted price, then the unquoted item(s) shall be loaded highest of the price quoted by the other bidders . If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be considered as included in the quoted bid price. 11.2 DELETED 11.3 DELETED
12 SCHEDULE OF RATES / BID PRICES
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Bidding Documents, based on the rates and prices submitted by the Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes except GST (CGST & SGST/UTGST or IGST). 12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the Bid is liable to be rejected. 12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under "SOR" but is required to complete the works as per Specifications, Scope of Work / Service, Standards, General Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. 12.4 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or for any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be included in the rates / prices and the total bid-price submitted by the Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 18 of 162
Bidder. Applicable rate of GST (CGST & SGST/ UTGST or IGST) on the contract value shall be indicated in Agreed Terms & Conditions (Format-F10) and SOR. 12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the Contract and will not be subject to variation on any account. Any new taxes & Duties, if imposed by the State/ Govt. of India after due date of bid submission but before the Contractual Delivery Date, shall be reimbursed to the contractor on submission of documentary evidence for proof of payment to State/ Govt. Authorities and after ascertaining it’s applicability with respect to the contract. 12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any discrepancy between the prices indicated in figures and the price indicated in words. In case of any discrepancy, the same shall be dealt as per clause no. 30 of ITB. 12.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) / Harmonized System of Nomenclature (HSN) at the designated place in SOR.
13 GST (CGST & SGST/ UTGST or IGST)
13.1 Bidders are required to mention the GST Registration number in bids wherever GST (CGST & SGST/UTGST or IGST) is applicable. 13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST or IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST or IGST or UTGST) lies with the Service Provider only. Service Provider providing taxable service shall issue an Invoice/ Bill, as the case may be as per rules/ regulation of GST. Further, returns and details required to be filled under GST laws & rules should be timely filed by Service Provider with requisite details. Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount will be made provided the above formalities are fulfilled. Further, KLPL may seek copies of challan and certificate from Chartered Accountant for deposit of GST (CGST & SGST/UTGST or IGST) collected from Owner. 13.3 In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent government agency brings to the notice of KLPL that the Service Provider has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from KLPL to the government exchequer, then, that Contactor shall be put under Holiday list of KLPL for period of six months after following the due procedure. This action will be in addition to the right of recovery of financial implication arising on KLPL. 13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to change in turnover, payable on the contract value during contract period, the Service Provider shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the Bid due date and on the date of revision. Beyond the contract period, in case KLPL is not entitled for input tax credit of GST (CGST & SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST or IGST) beyond the contractual delivery period shall be to Service Provider ’s account whereas any decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on to the Owner. Beyond the contract period, in case KLPL is entitled for input tax credit of GST (CGST & SGST/UTGST or IGST), then statutory variation in applicable GST (CGST & SGST/UTGST or IGST) on supply and on incidental services, shall be to KLPL’s account. Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should be raised within two [02] months from the date of issue of 'Government Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 19 of 162
Notification' for payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in respect of above shall not be entertained for payment of arrears. The base date for the purpose of applying statutory variation shall be the Bid Due Date. 13.5 Where the KLPL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or IGST):- 13.5.1 Owner/KLPL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Service Provider at actuals against submission of Invoices as per format specified in rules/ regulation of GST to enable Owner/KLPL to claim input tax credit of GST (CGST & SGST/UTGST or IGST) paid. In case of any variation in the executed quantities, the amount on which the GST (CGST & SGST/UTGST or IGST) is applicable shall be modified in same proportion. Returns and details required to be filled under GST laws & rules should be timely filed by supplier with requisite details. 13.5.2 The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be considered for evaluation of bids, as per evaluation criteria of tender document. 13.6 Where the KLPL is not entitled to avail/take the full input tax credit of GST (CGST & SGST/UTGST or IGST):- 13.6.1 Owner/KLPL will reimburse GST (CGST & SGST/UTGST or IGST) to the Service Provider at actuals against submission of Invoices as per format specified in rules/ regulation of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or IGST) as quoted by the bidder, subject to any statutory variations, except variations arising due to change in turnover. In case of any variation in the executed quantities (If directed and/or certified by the Engineer-In-Charge) the ceiling amount on which GST (CGST & SGST/UTGST or IGST) is applicable will be modified on pro-rata basis. 13.6.2 The bids will be evaluated based on total price including applicable GST (CGST & SGST/UTGST or IGST). 13.7 KLPL will prefer to deal with registered supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, it not registered yet. However, in case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of bid (if applicable as per Govt. Act/ Law in vogue). Where KLPL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered for evaluation of bid as per evaluation methodology of tender document. 13.8 In case KLPL is required to pay entire/certain portion of applicable GST (CGST & SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST (CGST & SGST/UTGST or IGST) to be indicated by bidder in the SOR. Where KLPL has the obligation to discharge GST (CGST & SGST/UTGST or IGST) liability under reverse charge mechanism and KLPL has paid or is /liable to pay GST (CGST & SGST/UTGST or IGST) to the Government on which interest or penalties becomes payable as per GST laws for any reason which is not attributable to KLPL or ITC with respect to such payments is not available to KLPL for any reason which is not attributable to KLPL, then KLPL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by KLPL to Service Provider / Supplier. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 20 of 162
13.9 Service Provider shall ensure timely submission of correct invoice(s), as per GST rules/ regulation, with all required supporting document(s) within a period specified in Contract to enable KLPL to avail input credit of GST (CGST & SGST/UTGST or IGST). Further, returns and details required to be filled under GST laws & rules should be timely filed by Service Provider with requisite details. If input tax credit is not available to KLPL for any reason not attributable to KLPL, then KLPL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and interest, if any, against any amounts paid or becomes payable by KLPL in future to the Service Provider under this contract or under any other contract. 13.10 Anti-profiteering clause As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices. The Service Provider may note the above and quote their prices accordingly. 13.11 In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed, then the bids may be rejected by KLPL. Further, in case rating of bidder is negative / black listed after award of work, then KLPL shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by KLPL. 13.12 The rate of GST as quoted in Price Schedule/SOR shall be considered as the prevailing present applicable rates on the Bid due date and same shall be considered for price comparison as well as for ordering. Any error of judgment on part of the Bidder in identifying the present applicable rates shall not be admitted. The applicable rate of GST as indicated by the bidders in Price Schedule/SOR shall be considered as the maximum payable in the event when no statutory variations take place and any remainder/balance GST, if payable, beyond that quoted rates shall be borne by the Bidder. However in the event of any statutory variations in the rate of GST, if the quoted rates are found erroneous then the base rates for calculation of statutory variations for the purpose of reimbursement of GST shall take into account either the rates actually prevalent on the due date of submission of bid or the erroneous rates quoted by the Bidders whichever is beneficial to KLPL. Consequently, any difference in GST if it becomes payable to the tax authorities shall be borne by the Bidder. 13.13 Wherever TDS under GST Laws has been deducted from the invoices raised / payments made to the vendors, as per the provisions of the GST law / Rules, Vendors should accept the corresponding GST-TDS amount populated in the relevant screen on GST common portal (www.gst.gov.in). Further, Vendors should also download the GST TDS certificate from GST common portal (reference path: Services > User Services > View/Download Certificates option).
14 BID CURRENCIES:
Bidders must submit bid in Indian Rupees only.
15 BID VALIDITY
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15.1 Bids shall be kept valid for period specified in BDS from the final Due date of submission of bid'. A Bid valid for a shorter period may be rejected by KLPL as 'non- responsive'. 15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the Employer may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period. The request and the responses thereto shall be made in writing or by email. A Bidder may refuse the request without forfeiture of his EMD. A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will be required to extend the validity of its EMD for the period of the extension and in accordance with "ITB: Clause-16" in all respects.
16 EARNEST MONEY DEPOSIT
16.1 Bid must be accompanied with earnest money (i.e Earnest Money Deposit (EMD) also known as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ [in favour of Konkan LNG Pvt. Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ strictly as per the format given in form F 2/ F- 2A (as the case may be) of the Tender Document. Bidder shall ensure that EMD submitted in the form of ‘Bank Guarantee’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the form of ‘Demand Draft’ or ‘Banker’s Cheque’ should be valid for three months. Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection. The EMD shall be submitted in Indian Rupees only. 16.2 KLPL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its letterhead. 16.3 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.2” may be rejected by KLPL as non-responsive. 16.4 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later than ‘thirty [30] days’ after finalization of tendering process. 16.5 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB. 16.6 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases: (a) If a Bidder withdraws his Bid during the ‘Period of Bid Validity’ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender Document, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to: (i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”, Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 22 of 162
(ii) to furnish “Contract Performance Security / Security Deposit”, in accordance with “ITB: Clause-38” (iii) to accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB. 16.7 In case EMD is in the form of ‘Bank Guarantee’, the same must indicate the Tender Document No. and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date. 16.8 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.The Government Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also exempted from the payment of EMD. 16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank Guarantee) mentioned in tender documents for submission of EMD/Bid Bond, the bidder can also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc. While remitting, the bidder must indicate EMD and tender/E- tender no. under remarks. Bidders shall be required to submit/ upload the successful transaction details along-with their bid/e-bid in addition to forwarding the details to dealing officer through email/letter with tender reference number immediately after remittance of EMD. In absence of submitting/ uploading the remittance details, the bids are likely to be considered as bid not accompanied with EMD. Further, in case of the above online transaction, submission of EMD in original is not applicable. 16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be considered inclusive of tax and tax invoice will be issued by KLPL. The forfeiture amount will be subject to final decision of KLPL based on other terms and conditions of order/ contract.”
17 PRE-BID MEETING (IF APPLICABLE)
17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on GAIL tender website against the Tender. Any modification of the Contents of Bidding Documents listed in "ITB: Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be made by the Employer exclusively through the issue of a Corrigendum pursuant to "ITB: Clause-9", and not through the minutes of the Pre-Bid Meeting. 17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
18 FORMAT AND SIGNING OF BID
18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the case of copies, photocopies are also acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder (as per POA). The name and position held by each person signing, must be typed or printed below the signature. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 23 of 162
All pages of the Bid except for unamended printed literature where entry(s) or amendment(s) have been made shall be initialed by the person or persons signing the Bid. 18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the Bid.
19 ZERO DEVIATION AND REJECTION CRITERIA
19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to rejection of bid. KLPL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note KLPL will determine the substantial responsiveness of each bid to the Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this, a substantially responsive bid is one which conforms to all terms and conditions of the Bidding Documents without deviations or reservations. KLPL's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. KLPL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to take any deviation/exception to the terms and conditions laid down in this "Tender Documents", and submit all requisite documents as mentioned in this "Tender Documents", failing which their offer will be liable for rejection. If a bidder does not reply to the queries in the permitted time frame then its bid shall be evaluated based on the documents available in the bid. 19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of Tender document shall lead to summarily rejection of Bid: (a) Firm Price (b) Earnest Money Deposit / Bid Security (c) Specifications & Scope of Work (d) Schedule of Rates / Price Schedule / Price Basis (e) Duration / Period of Contract/ Completion schedule (f) Period of Validity of Bid (g) Price Reduction Schedule (h) Contract Performance Security (i) Guarantee / Defect Liability Period (j) Arbitration / Resolution of Dispute/Jurisdiction of Court (k) Force Majeure & Applicable Laws (l) Integrity Pact, if Applicable (m) Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of bid Note: Further, it is once again reminded not to mention any condition in the Bid which is contradictory to the terms and conditions of Tender document.
20 E-PAYMENT
Konkan LNG Pvt. Limited has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments electronically through 'e-banking'. The successful bidder should give the details of his bank account as per the bank mandate form. ______Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 24 of 162
[D] – SUBMISSION OF BIDS
21 SUBMISSION, SEALING AND MARKING OF BIDS
21.1 DELETED. 21.2 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is not sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for misplacement or pre-mature opening of the bid. 21.3 All the bids shall be addressed to the owner at address specified in IFB. 21.4 Bids submitted under the name of AGENT/ CONSULTANT/ REPRESENTATIVE /RETAINER/ ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.
22 DEADLINE FOR SUBMISSION OF BIDS
22.1 DELETED. 22.2 In case of manual tendering EMD along with bid must be submitted within the due date & time. 22.3 KLPL may, in exceptional circumstances and at its discretion, extend the deadline for submission of Bids (clause 9 of ITB refers). In which case all rights and obligations of KLPL and the Bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. Notice for extension of due date of submission of bid will be uploaded on KLPL’s website/ communicated to the bidders.
23 LATE BIDS
23.1 Any bids received after the notified date and time of closing of tenders will be treated as late bids. 23.2 In case of manual tendering, bids received by KLPL after the due date for submission of bids shall not be considered. Such late bids shall be returned to the bidder within “10 days” in ‘unopened conditions’. The EMD of such bidders shall be returned along with the un-opened bid. 23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document will not be considered for evaluation/opening/award if not received to the specified destination within stipulated date & time.
24 MODIFICATION AND WITHDRAWAL OF BIDS
24.1 Modification and withdrawal of bids shall be as follows:-
24.1.1 DELETED
24.1.2 IN CASE OF MANUAL BIDDING
The bidder may withdraw or modify its bid after bid submission but before the due date for submission as per tender document provided that the written notice of the modification/ substitution/ withdrawal in received by KLPL prior to the deadline for submission of bid. 24.2 The modification shall also be prepared, sealed, marked and dispatched in accordance with the provisions of the clause 11 & 22 of ITB with relevant ‘Cut-Out Slip’ duly pasted and mentioning on top of the envelope as “MODIFICATION”. In case of Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 25 of 162
withdrawal of bid, the Envelope containing withdrawal letter duly superscribing the envelope as “WITHDRAWAL” and “Tender Document number :….”/ communication regarding withdrawal of bid with “Tender Document number :….”/ must reach concerned dealing official of KLPL within Due date & Time of submission of Bid. No bid shall be modified/ withdrawn after the Due Date & Time for Bid submission. 24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date & Time for Bid submission and the expiration of the period of bid validity specified by the Bidder in their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB and rejection of Bid. 24.4 The latest Bid submitted by the Bidder shall be considered for evaluation and all other Bid(s) shall be considered to be unconditionally withdrawn. 24.5 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-tendering, KLPL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re- tendering of the same job(s)/item(s). Further, such bidder will be put on holiday for a period of six months after following the due procedure.
25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
KLPL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids, at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the ground for KLPL's action. However, Bidder if so desire may seek the reason (in writing) for rejection of their Bid to which KLPL shall respond quickly.
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[E] – BID OPENING AND EVALUATION
26 BID OPENING
26.1 Unpriced Bid Opening : KLPL will open bids, in the presence of bidders’ designated representatives who choose to attend, at date, time and location stipulated in the BDS. The bidders’ representatives, who are present shall sign a bid opening register evidencing their attendance. 26.2 Priced Bid Opening: 26.2.1 KLPL will open the price bids of those bidders who meet the qualification requirement and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the bid opening. The bidders’ representatives, who are present shall sign a register evidencing their attendance and may be required to be present on a short notice. 26.2.2 The price bids of those Bidders who were not found to be techno-commercially responsive shall not be opened in both manual tendering and e-tendering. In case of Manual Tender, the envelope containing Price Bid shall be returned unopened after opening of the price bids of techno-commercially responsive Bidders. 26.3 DELETED.
27 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation and comparison of Bids, and recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or any other persons not officially concerned with such process.
28 CONTACTING THE EMPLOYER
28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact the Employer on any matter related to the Bid, it should do so in writing. Information relating to the examination, clarification, evaluation & recommendation for award shall not be disclosed. 28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation', 'Bid Comparison', or 'Contract Award' decisions may result in the rejection of the Bidder's Bid and action shall be initiated as per procedure in this regard.
29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
29.1 The owner’s determination of a bid’s responsiveness is based on the content of the bid only. Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:- (a) Meets the "Bid Evaluation Criteria" of the Bidding Documents; (b) Has been properly signed; (c) Is accompanied by the required 'Earnest Money / Bid Security'; (d) Is substantially responsive to the requirements of the Bidding Documents; and
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(e) Provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to "ITB: Clause-29.2" 29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and specifications of the Bidding Documents without material deviations or reservations or omissions for this purpose employer defines the foregoing terms below:- a) “Deviation” is departure from the requirement specified in the tender documents. b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirement in the tender documents. c) “Omission” is the failure to submit part or all of the information or documentation required in the tender document. 29.3 A material deviation, reservation or omission is one that, a) If accepted would, i) Affect in any substantial way the scope, quality, or performance of the job as specified in tender documents. ii) Limit, in any substantial way, inconsistent with the Tender Document, the Employer’s rights or the tenderer’s obligations under the proposed Contract. b) If rectified, would unfairly affect the competitive position of other bidders presenting substantially responsive bids. 29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been met without any material deviation, reservation or omission. 29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the of material deviation, reservation or omission.
30 CORRECTION OF ERRORS
30.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
(i) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the Bidder (by multiplying the quantity and rate) shall be taken as correct. (ii) When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate quoted by the contractor shall be taken as correct and not the amount and the amount shall be re-calculated/ corrected accordingly. (iii) When it is not possible to ascertain the correct rate, in the manner prescribed above, the rate as quoted in words shall be adopted and the amount worked out, for comparison purposes 30.2 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited.
31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.
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32 EVALUATION AND COMPARISON OF BIDS
Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents. In case of a tie at the lowest bid (L1) position between two or more bidders, the order/LoA will be placed on the bidder who has higher/ highest turnover in last audited financial year. In case there is a tie at the lowest bid (L1) position between only startup bidders and none of them has past turnover, the order/LoA will be placed on the startup who is registered earlier with Department of Industrial Promotion and Policy.
33 COMPENSATION FOR EXTENDED STAY – NOT APPLICABLE
34 PURCHASE PREFERENCE
Purchase preference to Central government public sector Undertaking and Micro and Small Enterprises (MSEs) shall be allowed as per Government instructions in vogue.
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[F] – AWARD OF CONTRACT
35 AWARD
Subject to "ITB: Clause-29", KLPL will award the Contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest provided that bidder, is determined to be qualified to satisfactorily perform the Contract. “KLPL intent to place the order/contract directly on the address from where Goods are produced/dispatched are Services are rendered. In case, bidder wants order/ contract at some other address or supply of Goods/ Services from multiple locations, bidder is required to provide in their bid address on which order is to be placed”.
36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE
36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for acceptance of the Bid will be intimated to the successful Bidder by KLPL either by Fax / E - mail /Letter or like means defined as the “Fax of Acceptance (FOA)”. The Contract shall enter into force on the date of FOA and the same shall be binding on KLPL and successful Bidder (i.e. Contractor/Service Provider). The Notification of Award/FOA will constitute the formation of a Contract. The detailed Letter of Acceptance shall be issued thereafter incorporating terms & conditions of Tender Document, Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable deviation(s), if any. KLPL may choose to issue Notification of Award in form of detailed Letter of Acceptance without issuing FOA and in such case the Contract shall enter into force on the date of detailed Letter of Acceptance only. 36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in the Notification of Award. The "Notification of Award" will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per "ITB: Clause-37". Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security / Security Deposit', pursuant to "ITB: Clause-38", KLPL will promptly discharge his 'Earnest Money / Bid Security', pursuant to "ITB: Clause-16". 36.3 The Order/ contract value mentioned above is subject to Price Reduction Schedule clause
37 SIGNING OF AGREEMENT
37.1 KLPL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of receipt of the same, shall sign and return the acknowledged copy to KLPL. 37.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and of ' state' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Contractor failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above stipulated period, shall constitute sufficient grounds for forfeiture of EMD/Security Deposit.
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38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from KLPL, the successful bidder shall furnish the Contract Performance Security (CPS) in accordance with of General Conditions of the Contract. The CPS shall be in the form of either Banker’s Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the Contract. However, CPS shall not be applicable in cases wherein the individual order/contract value as specified in Notification of Award is less than INR 5 Lakh (exclusive of GST). 38.2 The contract performance security shall be for an amount equal to specified in Bidding Data Sheet (BDS) towards faithful performance of the contractual obligations and performance of equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST & SGST/UTGST or IGST) to be reimbursed by the Owner. Bank Guarantee towards CPS shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder as well as foreign bidder. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as three months beyond the DLP specified in Bid Data Sheet. 38.3 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD. 38.4 The CPS has to cover the entire contract value including extra works/services also. As long as the CPS submitted at the time of award take cares the extra works/ services executed and total executed value are within the awarded contract price, there is no need for additional CPS. As soon as the total executed value is likely to burst the ceiling of awarded contract price, the contractor should furnish additional CPS. 38.5 Further, the bidder can submit CPBG on line through issuing bank to KLPL directly as per Ministry of Finance (MOF) Department of financial service direction vide letter ref number F.No.7/112/2011-BOA dated 17th July 2012. In such cases confirmation will not be sought from issuing banker by KLPL. 38.6 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank Guarantee/Letter of Credit) mentioned in tender documents for submission of Security Deposit/ Contract Performance Guarantee, the successful bidder can also submit the Security Deposit/ Contract Performance Guarantee through online banking transaction i.e. IMPS/NEFT/RTGS etc. For this purpose, the details of KLPL’s Bank Account is mentioned in BDS. While remitting, the bidder must indicate “Security Deposit/ Contract Performance Guarantee against FOA/DLOA/PO no. ______(contractor/ vendor to specify the FOA/DLOA/PO No.)” under remarks column of respective bank portal. The contractor/vendor shall be required to submit the successful transaction details to the dealing officer immediately through email/letter and necessarily within 30 days from the date of Fax of Acceptance.” 38.7 In case of forfeiture of Contract Performance Security/ Security Deposit, the forfeited amount will be considered inclusive of tax and tax invoice will be issued by KLPL. The forfeiture amount will be subject to final decision of KLPL based on other terms and conditions of order/ contract. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 31 of 162
39 PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT/COLLUSIVE/ COERCIVE PRACTICES
39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is provided at Appendix-1 of General Conditions of Contract- Services.
39.2 The Fraud Prevention Policy document is available on GAIL’s website (www.gailonline.com)
39.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS INDULGED IN FRAUDULENT/ COERCIVE PRACTICES Notwithstanding anything contained contrary in GCC and other "CONTRACT DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/ Consultants indulged in fraudulent/ coercive practices at the time of bidding, during execution of the contract etc., and/or on other grounds as mentioned in GAIL’s “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices” (Annexure-I), the contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of such order by Konkan LNG Pvt. Limited., to such Vendors/ Suppliers / Contractors/Bidders/ Consultants. The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in such cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in terms of aforesaid procedure) from the date of issuance of such order by Konkan LNG Pvt. Limited, such decision of Konkan LNG Pvt. Limited shall be final and binding on such Vendor/ Supplier / Contractor/ Bidder/Consultant and the ‘Arbitration clause’ in the GCC and other "CONTRACT DOCUMENTS" shall not be applicable for any consequential issue /dispute arising in the matter.
40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES
40.1 Following provision has been incorporated in tender for MSEs, in line with notification of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public Procurement Policy on procurement of goods and services from Micro and Small Enterprises (MSEs) i) Issue of tender document to MSEs free of cost. ii) Exemption to MSEs from payment of EMD/Bid Security. iii) In Tender, participating Micro and Small Enterprises quoting price within price band of L1+15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprises and such micro and small enterprises shall be allowed to supply upto 25% of the total tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity). Further, out of above 25%, 5% (20% of 25%) shall be reserved for MSEs owned by SC/ST entrepreneurs. Further, 3% shall be reserved for MSEs owned by women within above 25% reservation. The respective quota(s) shall be transferred to other MSEs in case
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of non-availability of MSEs owned by SC/ST entrepreneurs/ MSEs owned by Women. The quoted prices against various items shall remain valid in case of splitting of quantities of the items above. In case tendered item is non-splitable or non- dividable (specified in Bid Data Sheet), MSE quoting price within price band L1 (other than MSE) + 15% , may be awarded for full/ complete supply of total tendered value subject to matching of L1 price. 40.2 The MSE(s) owned by SC/ST Entrepreneurs shall mean:- a) In case of proprietary MSE, Proprietor(s) shall be SC/ST. b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in the unit c) In case of private Limited Companies, at least 51% share is held by SC/ST. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
The MSE(s) owned by Women shall mean:- a) In case of proprietary MSE, Proprietor(s) shall be Women. b) In case of partnership MSE, the Women partners shall be holding atleast 51% share in the unit c) In case of private Limited Companies, at least 51% share is held by Women. If the MSE is owned by Women Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.
40.3 In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, the bidder shall submit the following :
a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhaar Memorandum. b) If the MSE is owned by SC/ST Entrepreneurs/ Women Entrepreneur, the bidder shall furnish appropriate documentary evidence in this regard.
The above documents submitted by the bidder shall be duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp. If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP) 2012. Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get themselves registered with MSME Data Bank being operated by NSIC, under SME Division, M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs. 40.4 If against an order placed by KLPL, successful bidder(s) (other than Micro/Small Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 33 of 162
any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing of the purchasing authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No. details of material & value of procurement made, etc. of such Enterprises shall be furnished by the successful bidder at the time of submission of invoice/Bill. 40.5 The benefit of policy are not extended to the traders/dealers/ Distributors /Stockiest/Wholesalers. 40.6 NSIC has initiated a scheme of “Consortia and Tender Marketing Scheme” under which they are assisting the Micro & Small enterprises to market their products and services through tender participation on behalf of the individual unit or through consortia. Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC, is meeting the BEC and other terms and conditions of tender their bid will be considered for further evaluation. Further, in such cases a declaration is to be submitted by MSE/ consortia on their letter head (s) that all the terms and conditions of tender document shall be acceptable to them.
41 AHR ITEMS
In item rate contract where the quoted rates for the items exceed 50% of the estimate rates, such items will be considered as Abnormally High Rates (AHR) items and payment of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst the following rates: I) Rates as per SOR, quoted by the Contractor/Bidder. II) Rate of the item, which shall be derived as follows: a. Based on rates of Machine and labour as available from the contract (which includes contractor’s supervision, profit, overheads and other expenses). b. In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labour plus 15% to cover contractor’s supervision profit, overhead & other expenses.
42 VENDOR PERFORMANCE EVALUATION
Shall be as stipulated Appendix-2 of General Conditions of Contract- Services with following modifications:
(i) Clause no. 3.0 i) Preparation of Performance Rating Data Sheet Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/Consultant for all orders/Contracts with a value of Rs. 50 Lakhs and above is recommended to be drawn up. Further, Performance rating data Sheet for orders/contracts of Vendor/Supplier/Contractor/ Consultant who are on watch list/holiday list/ banning list shall be prepared irrespective of order/ contract value. These data sheets are to be separately prepared for orders/ contracts related to Projects and O&M. Format, Parameters, Process, responsibility for preparation of Performance Rating Data Sheet are separately mentioned.
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(ii) Clause no. 4.0 “EXCLUSIONS”
The following would be excluded from the scope of evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants :
i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/ Supplier/Contractor/ Consultant is not on watch list/ holiday list/ banning list. ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO with material code ending with 9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the impact on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.
(iii) Clause no. 5.1 v) and 5.3 v)
When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:
A) Where performance rating is “POOR” (as per Performance Rating carried out after execution of Order/ Contract and where no reply/ unsatisfactory reply is received from party against the letter seeking the explanation from Vendor/Supplier/Contractor/ Consultant along with sharing the performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for the following action:
(a) First such instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period of Three (3) Years. Such vendor will be allowed to participate in all other tenders and to execute other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years unless the same is converted into Red Card due to subsequence instances of poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant (i) Poor Performance due to reasons other than Quality: Putting on Holiday for a period of One Year (ii) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Putting on Holiday for a period of Two Years Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 35 of 162
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Putting on Holiday for a period of Three Years
B) Where Poor/Non-Performance leading to termination of contract or Offloading of contract due to poor performance attributable to Vendor/Supplier/ Contractor/Consultant (under second para of Clause no. 2.17.3 of GCC-Services) (a) First instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of Three (3) Years. Further such vendor will not be allowed to participate in the re- tender of the same supply/work/services of that location which has terminated / offloaded. Moreover, it will be ensured that all other action as per provision of contract including forfeiture of Contract Performance Security (CPS) etc. are undertaken. However, such vendor will be allowed to participate in all other tenders and to execute other ongoing order/ contract (s) or new contract/ order (s). The Yellow card will be automatically revoked after a period of three years unless the same is converted into Red Card due to subsequence instances of poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant. (b) Second instances in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of One Year and they shall also to be considered for Suspension. (c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of Three Years and they shall also to be considered for Suspension.
(C) Where Performance rating is “FAIR”: Issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to improve their performance.
43 INCOME TAX & CORPORATE TAX
43.1 Income tax deduction shall be made from all payments made to the contractor as per the rules and regulations in force and in accordance with the Income Tax Act prevailing from time to time. 43.2 Corporate Tax liability, if any, shall be to the contractor’s account. 43.3 TDS, wherever applicable, shall be deducted as per applicable act/law/rule.
43.4 MENTIONING OF PAN NO. IN INVOICE/BILL
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As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is mandatory for procurement of goods / services/works/consultancy services exceeding Rs. 2 Lacs per transaction. Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN no. in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the notification, in case supplier/ contractor/ service provider/ consultant do not have PAN no., they have to submit declaration in Form 60 along with invoice/ bill for each transaction. Payment of supplier/ contractor / service provider/ consultant shall be processed only after fulfilment of above requirement
44 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR ENTERPRISE(S) INTER SE AND PUBLIC SECTOR ENTERPRISE(S) AND GOVERNMENT DEPARTMENT (S) THROUGH ADMINISTRATIVE MECHANISM FOR RESOLUTION OF CPSES DISPUTES (AMRCD) IN THE DEPARTMENT OF PUBLIC ENTERPRISES
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s)between Central Public Sector Enterprises (CPSEs) inter se and also between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE (GM) / FTS-1835 dated 22.05.2018.
45.0 INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS PROVIDERS)
INAM-Pro (Platform for infrastructure and materials providers) is a web based platform for infrastructure provides and materials suppliers and was developed by Ministry of Road Transport and Highways (MoRT&H) with a view to reduce project execution delays on account of supply shortages and inspire greater confidence in contractors to procure cement to start with directly from the manufacturers. Presently, numerous cement companies are registered in the portal and offering cement for sale on the portal with a commitment period of 3 years. These companies have bound themselves by ceiling rates for the entire commitment period, wherein they are allowed to reduce or increase their cement rates any number of times within the ceiling rate, but are not permitted to exceed the said ceiling rate. MoRT&H is expanding the reach of this web-portal by increasing both the product width as well as the product depth. They are working on incorporating 60 plus product categories. The product range will span from large machineries like Earth Movers and Concrete Mixers, to even the smallest items like road studs. MoRT&H intend to turn it into a portal which services every infrastructure development related need of a modern contractor. KLPL’s contractors may use this innovative platform, wherever applicable. The usage of web – Portal is a completely voluntary exercise. The platform, however, can serve as a benchmark for comparison of offered prices and products.
46 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
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To promote cashless transactions, the onward payments by Contractors to their employees, service providers, sub-contractors and suppliers may be made through Cards and Digital means to the extent possible
47 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
While engaging the contractual manpower, Contractors are required to make efforts to provide opportunity of employment to the people belonging to Scheduled Castes and weaker sections of the society also in order to have a fair representation of these sections.
48. QUARTERLY CLOSURE OF THE CONTRACT: NOT APPLICABLE
49. PROVISIONS FOR STARTPUS (AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME) :
49.1 Following exemptions/relaxation in purchase-norms shall be applicable for all STARTUPS:
49.1.1 Exemption from submission of EMD.
49.1.2 RELAXATION FROM PRIOR TURNOVER AND PRIOR EXPERIENCE [FOR APPLICABILITY OF THIS CLAUSE REFER BIDDING DATA SHEET (BDS)]
Prior turnover and prior experience for all STARTUPS [whether Micro and Small Enterprises (MSEs) or otherwise] shall not be required for procurement of goods/works/services (including consultancy services) subject to their meeting the quality and technical specifications specified in tender document.
49.2 If a Startup [whether Micro & Small Enterprise (MSEs) or otherwise] gets qualified without turnover and experience criteria specified in tender and emerges lowest bidder, the order/LOA on such Startup shall be placed for entire tendered quantity.
However, in case of procurement of goods, before supplying the total quantity, the startup enterprise shall first demonstrate its performance by supplying 10% of total quantity (rounded off to the next higher digit in terms of Unit of Measurement (UoM), wherever required) and only after successful execution of this quantity, the balance 90% quantity will be cleared for supply. In case, the demonstration of performance fails, the entire order will be canceled without any financial implication on either side.
49.3 In case of a tie at the lowest bid (L1) position between two or more startup/non- startup bidders, the order/LOA will be placed on the bidder who has higher/highest turnover in last audited financial year.
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In case there is a tie at the lowest bid (L1) position between only startup bidders and none of them has past turnover, the order/LOA will be placed on the startup who is registered earlier with Department of Industrial Policy and Promotion.
49.4 For availing the relaxation, bidder is required to submit requisite certificate towards STARTUP Enterprise Registration issued by Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce, duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp.
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT NOTE TOWARDS PRS
As mentioned in GCC, PRS is the reduction in the consideration / contract value for the goods / services covered under this contract. In case of delay in supply/ execution of contract, supplier/ contractor/ service provider should raise invoice for reduced value as per Price Reduction Schedule Clause (PRS clause). If supplier/ contractor/ service provider has raised the invoice for full value, then supplier/ contractor/ service provider should issue Credit Note towards the applicable PRS amount with applicable taxes. In such cases if supplier/ contractor/ service provider fails to submit the invoice with reduced value or does not issue credit note as mentioned above, KLPL will release the payment to supplier/ contractor/ service provider after giving effect of the PRS clause with corresponding reduction of taxes charged on vendor’s invoice, to avoid delay in delivery/collection of material.” In case any financial implication arises on KLPL due to issuance of invoice without reduction in price or non-issuance of Credit Note, the same shall be to the account of supplier/ contractor/ service provider. KLPL shall be entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) together with penalties and interest, if any, against any amounts paid or becomes payable by KLPL in future to the Supplier/Contractor under this contract or under any other contract.
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ANNEXURE-I
ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)
---NOT APPLICABLE---
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ANNEXURE-II
BIDDING DATA SHEET (BDS)
ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:
A. GENERAL ITB clause Description 1.2 The Invitation for Bids/ Tender No is : KLPL/C&P/INST/SFL011/33000011/2019-20 1.1 The Employer/Owner is: Konkan LNG Pvt. Limited, Dabhol 2.1 The name of the Services to be performed is: HIRING OF AMC FOR TESTING AND CALIBRATION OF IR GAS DETECTORS IN LNG TERMINAL AT KLPL FOR CONTRACT PERIOD OF TWO YEARS. 3 Bids From Consortium/ Joint Venture- Not Applicable B. BIDDING DOCUMENT ITB clause Description 8.1 For clarification purposes only, the communication address is:
To: i. Shri Jyoti Kumar, DGM (Safety/C&P) e-Mail: [email protected] ii. Shri Jaspreet Singh Sethi, Sr. Manager (C&P) e-Mail: [email protected] iii. Shri Sandesh Yadav, Sr Officer(C&P) Email id: [email protected]
Address: Konkan LNG Private Limited At & Post Anjanwel,Tal-Guhagar Dist.: Ratnagiri Maharashtra-415634 Ph. No. : 02359-241015
C. PREPARATION OF BIDS
ITB clause Description 11.1.1 (u) The Bidder shall submit with its Techno-commercial/ Unpriced bid the following additional documents (SCC Refers): Refer SCC & Scope of Work 12 Additional Provision for Schedule of Rate/ Bid Price are as under: a) The items must be read in conjunction with Scope of Work/Supply, SCC & other terms-conditions of the Bid Documents.
b) Quoted prices will be inclusive of all taxes & duties, except GST (CGST & SGST/ UTGST or IGST). Rate of GST (CGST & SGST/ UTGST or IGST) shall be applicable, as indicated in Agreed Terms & Conditions (Format- Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 41 of 162
F10). In case bidder does not provide requisite information, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) during evaluation of bid. 12 & 13 Whether KLPL will be able to avail input tax credit in the instant tender :
Yes ✓ No X
14 The currency of the Bid shall be INR 15 The bid validity period shall be 90 Days from final 'Bid Due Date'. 16.1 In case 'Earnest Money / Bid Security' is in the form of 'Demand Draft' or 'Banker's Cheque', the same should be favor of Konkan LNG Private Limited, payable at Shrigartalli. 16.10 and For submission of EMD/ Security Deposit/ Contract Performance 38.6 Security through online banking transaction i.e. IMPS/NEFT/RTGS, the details of KLPL’s Bank Account is as under:
Name of Account Holder: Konkan LNG Pvt. Limited Name of Bank: State Bank Of India Account Number: 37615790543 (Current Account) Branch: Shringartali (Maharashtra) IFS Code: SBIN0011456 MICR Code: 415002527
D. SUBMISSION AND OPENING OF BIDS ITB clause Description 18 In addition to the original of the Bid, the number of copies required is one. 22 The E-Tender No. of this bidding process is: Not Applicable 22.3 and 4.0 For bid submission purposes only (Manual) or the submission of physical of IFB document as per clause no. 4.0 of IFB, the Owner’s address is :
HOD(C&P): Konkan LNG Private Limited At & Post Anjanwel, Tal-Guhagar Dist.: Ratnagiri Maharashtra-415634 Ph. No. : 02359-241015
26 The bid opening shall take place at:
HOD(C&P): Konkan LNG Private Limited At & Post Anjanwel, Tal-Guhagar Dist.: Ratnagiri Maharashtra-415634
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 42 of 162
Ph. No. : 02359-241015
E. EVALUATION, AND COMPARISON OF BIDS ITB clause Description 32 Evaluation Methodology is mentioned in Section-II. 33 Compensation for Extended Stay:
APPLICABLE X
NOT APPLICABLE ✓ F. AWARD OF CONTRACT ITB clause Description 37 State of which stamp paper is required for Contract Agreement: Maharashtra 38 Contract Performance Security/ Security Deposit APPLICABLE ✓ NOT APPLICABLE X
The value/ amount of Contract Performance Security/ Security Deposit SD / CPBG @ 10% of Total Order / Contract value in case contract period is less than one year or 10% of Annualized Order / Contract value in case contract period is more than one year. OR Initial security deposit (ISD) @ 2.5% of Total Order / Contract value in case contract period is less than one year or 2.5% of Annualized Order / Contract value in case contract period is more than one year within 30 days of FOA/notification of award and deduction @ 7.5% of the RA bill subsequently from RA bills till the total amount of security deposit (including ISD and deducted amount) reaches 10% of Total Order / Contract value in case contract period is less than one year or 10% of Annualized Order / Contract value in case contract period is more than one year 40 Whether tendered item is split able or divisible : NOT SPLITABLE
YES X NO ✓
41 Provision of AHR Item : APPLICABLE
APPLICABLE ✓ NOT APPLICABLE X
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48 Quarterly Closure of Contract
APPLICABLE X NOT APPLICABLE ✓
49 Applicability of provisions relating to Startups: NOT APPLICABLE
APPLICABLE X NOT APPLICABLE ✓
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ANNEXURE-III
NOTE: Read KLPL in place of GAIL for this Annexure.
DISPUTE RESOLUTION MECHANISM
1. CONCILIATION
GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with Part – III of the Arbitration and Conciliation Act 1996 as amended from time to time for speedier, cost effective and amicable settlement of disputes through conciliation. All issue(s)/dispute(s) arising under the Contract, which cannot be mutually resolved within a reasonable time, may be referred for conciliation in accordance with GAIL Conciliation Rules 2010 as amended from time to time A copy of the said rules have been made available on GAIL’s web site i.e www.gailonline.com.
Where invitation for Conciliation has been accepted by the other party, the Parties shall attempt to settle such dispute(s) amicably under Part-III of the Arbitration and Conciliation Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties hereto shall invoke Arbitration Clause. For the purpose of this clause, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties.
2. ARBITRATION
All issue(s)/dispute(s) excluding the matters that have been specified as excepted matters and listed at clause no. 2.6 and which cannot be resolved through Conciliation, such issue(s)/dispute(s) shall be referred to arbitration for adjudication by Sole Arbitrator.
The party invoking the Arbitration shall have the option to either opt for Ad-hoc Arbitration as provided at Clause 2.1 below or Institutionalized Arbitration as provided at Clause 2.2 below, the remaining clauses from 2.3 to 2.7 shall apply to both Ad-hoc and Institutional Arbitration:-
2.1 On invocation of the Arbitration clause by either party, GAIL shall suggest a panel of three independent and distinguished persons (Retd Supreme Court & High Court Judges only) to the other party from the Panel of Arbitrators maintained by ‘Delhi International Arbitration Centre (DIAC) to select any one among them to act as the Sole Arbitrator. In the event of failure of the other party to select the Sole Arbitrator within 30 days from the receipt of the communication from GAIL suggesting the panel of arbitrators, the right of selection of the sole arbitrator by the other party shall stand forfeited and GAIL shall appoint the Sole Arbitrator from the suggested panel of three Arbitrators for adjudication of dispute(s). The decision of GAIL on the appointment of the sole arbitrator shall be final and binding on the other party. The fees payable to Sole Arbitrator shall be governed by the fee Schedule of ‘‘Delhi International Arbitration Centre’.
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OR
2.2 If a dispute arises out of or in connection with this contract, the party invoking the Arbitration shall submit that dispute to any one of the Arbitral Institutions i.e ICADR/ICA/DIAC/SFCA and that dispute shall be adjudicated in accordance with their respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator who shall necessarily be a Retd Supreme Court/High Court Judge to be appointed/nominated by the respective institution. The cost/expenses pertaining to the said Arbitration shall also be governed in accordance with the Rules of the respective Arbitral Institution. The decision of the party invoking the Arbitration for reference of dispute to a specific Arbitral institution for adjudication of that dispute shall be final and binding on both the parties and shall not be subject to any change thereafter. The institution once selected at the time of invocation of dispute shall remain unchanged.
2.3 The cost of arbitration proceedings shall be shared equally by the parties.
2.4 The Arbitration proceedings shall be in English language and the seat, venue and place of Arbitration shall be New Delhi, India only.
2.5 Subject to the above, the provisions of Arbitration & Conciliation Act 1996 and any amendment thereof shall be applicable. All matter relating to this Contract and arising out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the Court(s) situated at New Delhi.
2.6 List of Excepted matters:
a) Dispute(s)/issue(s) involving claims below Rs 25 lakhs and above Rs 25 crores. b) Dispute(s)/issue(s) relating to indulgence of Contractor/Vendor/Bidder in corrupt/fraudulent/collusive/coercive practices and/or the same is under investigation by CBI or Vigilance or any other investigating agency or Government. c) Dispute(s)/issue(s) wherein the decision of Engineer-In- Charge/owner/GAIL/KLPL has been made final and binding in terms of the Contract.
2.7. Disputes involving claims below Rs 25 Lakhs and above Rs. 25 crores:- Parties mutually agree that dispute(s)/issue(s) involving claims below Rs 25 Lakhs and above Rs 25 crores shall not be subject matter of Arbitration and are subject to the exclusive jurisdiction of the Court(s) situated at New Delhi.
3. GOVERNING LAW AND JURISDICTION:
The Contract shall be governed by and construed in accordance with the laws in force in India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated at New Delhi for adjudication of disputes, injunctive reliefs, actions and proceedings, if any, arising out of this Contract.
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4. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/ ORGANIZATIONS
Subject to conciliation as provided above, in the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs/ Port Trusts inter se and also between CPSEs and Government Departments /Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in OPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
Any party aggrieved with the decision of the Committee at the First level (tier) may prefer an appeal before the Cabinet Secretary at the Second level (tier) within 15 days from the date of receipt of decision of the Committee at First level, through it's administrative Ministry/Department, whose decision will be final and binding on all concerned.
The above provisions shall supersede provisions relating to Conciliation, Arbitration, Governing Law & Jurisdiction and Disputes between CPSE’s/ Government Department’s/ Organizations mentioned in General Conditions of Contract (GCC) and elsewhere in tender document.
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FORMS & FORMAT
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LIST OF FORMS & FORMAT
Form No. Description F-1 BIDDER’S GENERAL INFORMATION F-2 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY" F-3 LETTER OF AUTHORITY F-4 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" F-5 AGREED TERMS & CONDITIONS F-6 ACKNOWLEDGEMENT CUM CONSENT LETTER F-7 BIDDER’S EXPERIENCE F-8 CHECK LIST F-9 FORMAT FOR CERTIFICATE FROM BANK IF BIDDER’S WORKING CAPITAL IS INADEQUATE F-10 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL CAPABILITY OF THE BIDDER F-11 BIDDER'S QUERIES FOR PRE BID MEETING F-12 E-BANKING FORMAT F-13 INTEGRITY PACT F-14 FREQUENTLY ASKED QUESTIONS (FAQs)
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F-1
BIDDER'S GENERAL INFORMATION
To, M/s KONKAN LNG PVT. LIMITED
TENDER NO: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL
1 Bidder Name
2 Status of Firm Proprietorship Firm/Partnership firm/ Public Limited/ Pvt. Limited/ Govt. Dept. / PSU/ Others If Others Specify:______
3 Name of Proprietor/Partners/Directors 1. of the firm/company 2. 3. 4 Number of Years in Operation 5 Address of Registered Office:
City: District: State: PIN/ZIP: Bidder’s address where order/contract 6 is to be placed City:
District: State: PIN/ZIP: 7 Address from where Goods/ Services are to be dispatched/ provided along City: with GST no. District: (In case supply of Goods/ Services are State: from multiple locations, addresses and PIN/ZIP: GST no. of all such locations are to be GST No.: provided). 8 Telephone Number/ Mobile no. of ______address where order is to be placed (Country Code) (Area Code) (Telephone No.) 9 E-mail address 10 Website 11 Fax Number: ______(Country Code) (Area Code) (Telephone No.) Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 50 of 162
12 ISO Certification, if any {If yes, please furnish details} 13 PAN No.
14 GST No. (refer sl. no. 8 above)
15 EPF Registration No.
16 ESI code No.
17 Whether Micro or Small Enterprise Yes / No (If Yes, Bidder to submit requisite documents as specified it ITB:Clause No. 40) Whether MSE is owned by SC/ST Yes / No Entrepreneur(s) (If Yes, Bidder to submit requisite documents as specified it ITB:Clause No. 40) Whether MSE is owned by Women Yes / No (If Yes, Bidder to submit requisite documents as specified it ITB:Clause No. 40) Whether payment is required through Yes / No TReDS If Yes, please provide the name of portal …………………………………… 18 Type of Entity Corporate/ Non-Corporate (As per CGST/SGST/UTGST Act). (In case of Non-Corporate Entity, bidder will submit documentary evidence for same). 19 Whether Bidder is Startups or not Yes / No (If Yes, Bidder to submit requisite documents as specified it ITB:Clause No. 49)
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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FORMAT F-2 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY" (To be stamped in accordance with the Stamp Act)
Ref...... Bank Guarantee No...... Date...... To,
M/s KONKAN LNG PVT. LIMITED ______
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
Dear Sir(s),
In accordance with Letter Inviting Tender under your reference No ______M/s. ______having their Registered / Head Office at ______(hereinafter called the Tenderer), wish to participate in the said tender for ______
As an irrevocable Bank Guarantee against Earnest Money for the amount of ______is required to be submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document.
We, the ______Bank at ______having our Head Office ______(Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by Konkan LNG Pvt. Limited., the amount ______without any reservation, protest, demur and recourse. Any such demand made by KLPL, shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer.
This guarantee shall be irrevocable and shall remain valid up to ______[this date should be two (02) months beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instructions from M/s. ______whose behalf this guarantee is issued.
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this ______day of ______20__ at ______.
WITNESS:
(SIGNATURE) (SIGNATURE) (NAME) (NAME) Designation with Bank Stamp
(OFFICIAL ADDRESS) Attorney as per Power of Attorney No. ______Date: ______
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INSTRUCTIONS FOR FURNISHING "BID SECURITY / EARNEST MONEY" BY "BANK GUARANTEE"
1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per "Stamp Duty" applicable. The non-judicial stamp paper should be in the name of the issuing Bank. In case of foreign Bank, the said Bank's Guarantee to be issued by its correspondent Bank in India on requisite non-judicial stamp paper 2. The expiry date should be arrived at in accordance with "ITB: Clause-15.1". 3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB". 4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said Bank Guarantee / all future communication relating to the Bank Guarantee shall be forwarded to the Employer at its address as mentioned at "ITB". 5. Bidders must indicate the full postal address of the Bank along with the Bank's E-mail / Phone from where the Earnest Money Bond has been issued. 6. If a Bank Guarantee is issued by a commercial Bank, then a letter to Employer confirming its net worth is more than Rs. 1,000,000,000.00 [Rupees One Hundred Crores] or equivalent along with documentary evidence.
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F-3 LETTER OF AUTHORITY
[Pro forma for Letter of Authority for Attending Subsequent 'Negotiations' / 'Pre-Bid Meetings' /'Un-priced Bid Opening' / 'Price Bid Opening']
Ref: Date:
To,
M/s KONKAN LNG PVT. LIMITED
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
Dear Sir, I/We, ______hereby authorize the following representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against the above Bidding Documents:
[1] Name & Designation ______Signature ______Phone/Cell: E-mail: ………………………………….. @ ………………………………
[2] Name & Designation ______Signature ______Phone/Cell: E-mail: ……………………………………….. @ ………………………………
We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s).
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings. Bidders authorized representative is required to carry a copy of this authority letter while attending the un-priced and priced bid opening, the same shall be submitted to KLPL.
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F-4 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" (ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To,
M/s KONKAN LNG PVT. LIMITED
Dear Sir(s),
M/s. ______having registered office at ______(herein after called the “contractor/supplier” which expression shall wherever the context so require include its successors and assignees) have been placed/ awarded the job/work of ______vide PO/LOA /FOA No. ______dated______for Konkan LNG Pvt. Limited having registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called the “KLPL” which expression shall wherever the context so require include its successors and assignees).
The Contract conditions provide that the SUPPLIER/CONTRACTOR shall pay a sum of Rs. ______(Rupees ______) as full Contract Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance Guarantee includes guarantee executed by Nationalized Bank/Scheduled Commercial Bank, undertaking full responsibility to indemnify KONKAN LNG PVT. LIMITED, in case of default.
The said M/s.______has approached us and at their request and in consideration of the premises we having our office at ______have agreed to give such guarantee as hereinafter mentioned.
1. We ______hereby undertake to give the irrevocable & unconditional guarantee to you that if default shall be made by M/s. ______in performing any of the terms and conditions of the tender/order/contract or in payment of any money payable to KONKAN LNG PVT. LIMITED we shall on first demand pay without demur, contest, protest and/ or without any recourse to the contractor to KLPL in such manner as KLPL may direct the said amount of Rupees ______only or such portion thereof not exceeding the said sum as you may require from time to time.
2. You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the order/contract with the said M/s. ______and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said M/s.______and such postponement forbearance would not have the effect of releasing the bank from its obligation under this debt. Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 55 of 162
3. Your right to recover the said sum of Rs. ______(Rupees ______) from us in manner aforesaid is absolute & unequivocal and will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. ______and/or that any dispute or disputes are pending before any officer, tribunal or court or arbitrator or any other authority/forum and any demand made by you in the bank shall be conclusive and binding. The bank shall not be released of its obligations under these presents by any exercise by you of its liberty with reference to matter aforesaid or any of their or by reason or any other act of omission or commission on your part or any other indulgence shown by you or by any other matter or changed what so ever which under law would, but for this provision, have the effect of releasing the bank.
4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of constitution or insolvency of the said supplier/contractor but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid.
5. This guarantee shall be irrevocable and shall remain valid upto ______(this date should be 90 days after the expiry of defect liability period/ Guarantee period) ______. The bank undertakes not to revoke this guarantee during its currency without your previous consent and further agrees that the guarantee shall continue to be enforceable until it is discharged by KLPL in writing. However, if for any reason, the supplier/contractor is unable to complete the supply/work within the period stipulated in the order/contract and in case of extension of the date of delivery/completion resulting extension of defect liability period/guarantee period of the supplier/contractor fails to perform the supply/work fully, the bank hereby agrees to further extend this guarantee at the instance of the supplier/contractor till such time as may be determined by KLPL. If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s. ______(contractor) on whose behalf this guarantee is issued.
6. Bank also agrees that KLPL at its option shall be entitled to enforce this Guarantee against the bank (as principal debtor) in the first instant, without proceeding against the supplier/contractor and notwithstanding any security or other guarantee that KLPL may have in relation to the suppplier’s/contractor’s liabilities.
7. The amount under the Bank Guarantee is payable forthwith without any delay by Bank upon the written demand raised by KLPL. Any dispute arising out of or in relation to the said Bank Guarantee shall be subject to the exclusive jurisdiction of courts at New Delhi.
7. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the Supplier/Contractor up to a total amount of ______(amount of guarantees in words and figures) and we undertake to pay you, upon your first written demand declaring the Supplier/Contractor to be in default under the order/contract and without caveat or argument, any sum or sums within the limits of (amounts of guarantee) as
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aforesaid, without your needing to prove or show grounds or reasons for your demand or the sum specified therein.
8. We have power to issue this guarantee in your favor under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney, dated ______granted to him by the Bank.
Yours faithfully, ______Bank by its Constituted Attorney
Signature of a person duly Authorized to sign on behalf of the Bank
INSTRUCTIONS FOR FURNISHING "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK GUARANTEE"
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per 'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank. In case of foreign bank, the said Bank Guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper and place of Bid to be considered as Delhi. 2. The Bank Guarantee by Bidders will be given from bank as specified in Tender. 3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to Employer. 4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and copy to Consultant (if applicable) confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence.
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F-5 AGREED TERMS & CONDITIONS To,
M/s KONKAN LNG PVT. LIMITED
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and should be returned along with Un-priced Bid. Clauses confirmed hereunder need not be repeated in the Bid.
Sl. DESCRIPTION BIDDER'S CONFIRMATION 1 Bidder's name and address 2. Bidder confirms the currency of quoted prices is in Indian Rupees. 3. Bidder confirms quoted prices will remain firm and fixed till complete execution of the order. 4 Rate of GST (CGST & SGST/ UTGST or IGST ) CGST: …………… % quoted in Price Schedule/ SOR Plus SGST/UTGST……… % Total: ………………..% Or IGST:…………. % 4.1 Whether in the instant tender services/works are Yes/ No covered in reverse charge rule of GST (CGST & SGST/UTGST or IGST) In case of Yes, please specify GST (CGST & SGST/UTGST or IGST) payable by: KLPL:………….% Bidder:…………..% 4.2 Service Accounting Codes (SAC)/ Harmonized System of Nomenclature (HSN) 4.3 Bidder hereby confirms that the quoted prices are in compliance with the Section 171 of CGST Act/ SGST Act as mentioned as clause no. 13.10 of ITB
5. Bidder confirms acceptance of relevant Terms of Payment specified in the Bid Document.
6. Bidder confirms that Contract Performance Security will be furnished as per Bid Document. 7. Bidder confirms that Contract Performance Security shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalised Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 58 of 162
Sl. DESCRIPTION BIDDER'S CONFIRMATION this effect shall be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. 8. Bidders confirms compliance to Completion Schedule as specified in Bid document. Confirm contract period shall be reckoned from the date of Fax of Acceptance. 9. Bidders confirms acceptance of Price Reduction Schedule for delay in completion schedule specified in Bid document.
In case of delay, the bills shall be submitted after reducing the price reduction due to delay. 10. a) Bidder confirms acceptance of all terms and conditions of Bid Document (all sections). b) Bidder confirms that printed terms and conditions of bidder are not applicable. 11. Bidder confirms their offer is valid for period specified in BDS from Final/Extended due date of opening of Techno-commercial Bids.
12. Bidder have furnished EMD/Bid Security details : a) EMD/ Bid Security No. & date b) Value c) Validity 13. As per requirement of tender, bidder (having status as Pvt. Ltd. or Limited company) must upload bid duly digitally signed on e-portal through class-3B digital signature (DS). In case, class of DS or name of employee or name of employer is not visible in the digitally signed documents, the bid digitally signed as submitted by the person shall be binding on the bidder. 14. Bidder confirms that (i) none of Directors (in Board Confirmed of Director) of bidder is a relative of any Director (in Board of Director) of Owner or (ii) the bidder is not Not a firm in which any Director (in Board of Director) confirmed of Owner/ KLPL or their relative is not a partner.
15. All correspondence must be in ENGLISH language only.
16. The contents of this Tender Document have not been modified or altered by Bidder. In case, it is found that the tender document has been modified / altered by the bidder, the bid submitted by them shall be liable for rejection.
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Sl. DESCRIPTION BIDDER'S CONFIRMATION 17. Bidder confirms that all Bank charges associated with Bidder’s Bank shall be borne by Bidder. 18. No Deviation Confirmation: It may be note that any 'deviation / exception' in any form may result in rejection of Bid. Therefore, Bidder confirms that they have not taken any 'exception / deviation' anywhere in the Bid. In case any 'deviation / exception' is mentioned or noticed, Bidder’s Bid may be rejected. 19. If Bidder becomes a successful Bidder and pursuant to the provisions of the Tender Document, award is given to them against subject Tender Document, the following Confirmation shall be automatically enforceable:
"We agree and acknowledge that the Employer is entering into the Contract/Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood & agreed that the Government of India is not a party to the Contract/Agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed that the Purchaser is authorized to enter into Contract/Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Purchaser is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement." 20. Bidder to ensure all documents as per tender including clause 11 of Section III and all Formats are included in their bid 21. Bidder understands that Tender Document is not exhaustive. In case any activity though specifically not covered in description of 'Schedule of Rates' but is required to complete the work as per Scope of Work, Conditions of Contract, or any other part of Bidding document, the quoted rates will deemed to be inclusive of cost incurred for such activities Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 60 of 162
Sl. DESCRIPTION BIDDER'S CONFIRMATION unless otherwise specifically excluded. Bidder confirms to perform for fulfilment of the contract and completeness of the supplies in all respect within the scheduled time frame and quoted price. 22. Bidder hereby confirms that they are not on ‘Holiday’ by KLPL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned by Government department/ Public Sector on due date of submission of bid.
Further, Bidder confirms that neither they nor their allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of KLPL or the Ministry of Petroleum and Natural Gas.
Bidder also confirms that they are not under any liquidation, court receivership or similar proceedings or 'bankruptcy'.
In case it comes to the notice of KLPL that the bidder has given wrong declaration in this regard, the same shall be dealt as ‘fraudulent practices’ and action shall be initiated as per the Procedure for action in case of Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, Bidder also confirms that in case there is any change in status of the declaration prior to award of contract, the same will be promptly informed to KLPL by them.
23. Bidder confirms that, in case of contradiction between the confirmations provided in this format and terms & conditions mentioned elsewhere in the offer, the confirmations given in this format shall prevail.
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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F-6 ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reason for non-participation against the enquiry /tender through e-mail to concerned executive in KLPL issued the tender, by filling up the Format)
To,
M/s KONKAN LNG PVT. LIMITED
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender.
. We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office:
Postal Address with Pin Code : ...... Telephone Number : ...... Contact Person : ...... E-mail Address : ...... Mobile No. : ...... Date : ...... Seal/Stamp : ......
. We are unable to bid for the reason given below:
Reasons for non-submission of bid: ______
Agency’s Name : ...... Signature : ...... Name : ...... Designation : ...... Date : ...... Seal/Stamp : ......
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F-7 BIDDER’S EXPERIENCE To,
M/s KONKAN LNG PVT. LIMITED
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
Sl. Descript LOA Full Postal Value Date of Scheduled Date of Reasons No ion /WO Address & of Commenc Completio Actual for delay of the No. phone nos. of Contrac ement of n Comple in Services and Client. Name, t/Order Services Time (Mo tion executio date designation (Specify nths) n, if any and address of Currenc Engineer/ y Officer-in- Amount) Charge (for cases other than purchase) (1) (2) (3) (5) (6) (7) (8) (9) (10)
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
NOTE: Only documents (Purchase Order, Work Order, Completion Certificate, Execution Certificate etc.) which have been referred/ specified in the bid shall be considered in reply to Techno-Commercially Query(s), if any.
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F-8 CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to facilitate the bidder to make sure that the necessary data/information as called for in the bid document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects.
Please ensure compliance and tick (√) against following points:
S. No. DESCRIPTION CHECK REFERENCE PAGE BOX NO. OF THE BID SUBMITTED 1.0 Signing and Stamping (in case of manual bidding) on each sheet of offer, original bidding document including SCC, ITB, GCC ,SOR drawings, corrigendum (if any) 2.0 Confirm that the following details have been submitted in the Un-priced part of the bid i Covering Letter, Letter of Submission ii Bid Security iii Digitally Signing (in case of e-bidding)/ Signing and Stamping (in case of manual bidding) of bidding document along with drawings and corrigendum (if any) iv Power of Attorney in the name of person signing the bid. v Details and documentary proof required against BEC criteria vi Confirm submission of document along with unpriced bid as per bid requirement. 3.0 Confirm that all format duly filled in are enclosed with the bid duly Signed and Stamped (in case of manual bidding) by authorised person(s) 4.0 Confirm that the price part as per Price Schedule format submitted with Bidding Document/ uploaded in case of e- bid. 5.0 Confirm that annual reports & duly filled in Form 9 are enclosed in the offer for financial assessment (where financial criteria of BEC is applicable).
Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:
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F-9 FORMAT FOR CERTIFICATE FROM BANK IF BIDDER’S WORKING CAPITAL IS INADEQUATE/NEGATIVE
---Not Applicable---
F-10 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER ---Not Applicable---
Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for contract period of Two years. Page 65 of 162 F-11 BIDDER'S QUERIES FOR PRE BID MEETING To,
M/s KONKAN LNG PVT. LIMITED
SUB:- TENDER No. KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL.
SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY KLPL'S REPLY
NO. Subject SEC. Page No. Clause NO. No.
NOTE: The Pre-Bid Queries may be sent by e-mail before due date of Pre bid meeting.
SIGNATURE OF BIDDER: ______NAME OF BIDDER : ______
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F-12 E-Banking Mandate Form (To be issued on vendors letter head) 1. Vendor/customer Name :
2. Vendor/customer Code:
3. Vendor /customer Address:
4. Vendor/customer e-mail id:
5. Particulars of bank account a) Name of Bank b) Name of branch c) Branch code: d) Address: e) Telephone number: f) Type of account (current/saving etc.) g) Account Number: h) RTGS IFSC code of the bank branch i) NEFT IFSC code of the bank branch j) 9 digit MICR code
I/We hereby authorize KLPL(India) Limited to release any amount due to me/us in the bank account as mentioned above. I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, we would not hold the Konkan LNG Pvt. Limited responsible.
(Signature of vendor/customer)
BANK CERTIFICATE
We certify that ------has an Account no. ------with us and we confirm that the details given above are correct as per our records. Bank stamp
Date (Signature of authorized officer of bank)
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F-13 INTEGRITY PACT
--- Not Applicable FOR KLPL ---
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F-14
FREQUENTLY ASKED QUESTIONS (FAQs)
SL.NO. QUESTION ANSWER 1.0 Can any vendor quote for subject Yes. A Vendor has to meet Bid Evaluation Tender? Criteria given under Section II of Tender document in addition to other requirements.
2.0 Should the Bid Evaluation Criteria Yes. Please refer Section II of Tender documents be attested? document
3.0 Is attending Pre Bid Meeting No. Refer Clause No. 17 of Instruction to mandatory. Bidders of Tender Document. However attending Pre Bid Meeting is recommended to sort out any issue before submission of bid by a Bidder. 4.0 Can a vendor submit more than 1 offer? No. Please refer Clause No. 4 of Instruction to Bidders of Tender Document.
6.0 Are there are any benefits available to Refer Clause No. 49 of Instructions to Startups? Bidders of Tender Document.
6.0 Are there are any MSE (Micro & Small Yes. Refer Clause No. 40 of Instructions to Enterprises) benefits available? Bidders of Tender Document.
All the terms and conditions of Tender remain unaltered.
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Annexure-II
INDEMNITY BOND
WHEREAS “Konkan LNG Private Limited” (hereinafter referred to as “KLPL”) which expression shall, unless repugnant to the context include their legal representatives, successors and assigns, having their Registered Office at GAIL, Jubilee Tower, 5th Floor, B-35-36, Sector 1, Noida – 201301, Uttar Pradesh, India has entered into a CONTRACT with “name of the contractor” Incorporated (hereinafter referred to as the (CONTRACTOR’) which expression shall unless repugnant to the context include their legal representatives, successors and assigns, having their Registered Office …………………………….. for Rs. ……………………… for “NAME OF THE CONTRACT” ………………… for a period of ……………. and on the terms and conditions as set out, inter-alia in the Work Order No. ……………………………………….. and various documents forming part thereof hereinafter collectively referred to as the ‘CONTRACT’ which expression shall include all amendments, modifications and / or variations thereto.
KLPL has also advised the CONTRACTOR to execute an Indemnity Bond in favour of KLPL indemnifying it from all consequences which may arise out of any Case filed by any workers / labours / vendors/ sub- contractors / partner etc. who may have been engaged by the CONTRACTOR directly or indirectly with or without consent of KLPL for above works, which may be pending before any court of Law including Quasi-Judicial Authority, Competent Authority, Labour Court, Arbitrator, Tribunal etc..
NOW, THEREFORE, in consideration of the promises aforesaid; the CONTRACTOR hereby irrevocably and unconditionally undertakes to indemnify and keep indemnified KLPL from any loss, which may arise out of any such contract / Case. The CONTRACTOR undertakes to compensate to KLPL forthwith, on demand, without protest the loss suffered by KLPL together direct / indirect expenses.
AND THE CONTRACTOR hereby agrees with KLPL that: (i) This Indemnity Bond shall remain valid and irrevocable for all claims of KLPL arising from any such contract / case for which KLPL has been made party until now or here-in-after. (ii) This Indemnity Bond shall not be discharged / revoked by any change / modification / amendment / deletion in the constitution of the firm / contractor or any conditions thereof including insolvency etc. of the CONTRACTOR but shall be in all respects and for all purposes binding and operative until any claims for payment are settled by the contractor.
The under signed has full power to execute this Indemnity Bond on behalf of the CONTRACTOR and the same stands valid.
SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE Place : Dated:
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SECTION - IV
SPECIAL CONDITION OF CONTRACT / SCOPE OF WORK / TECHNICAL SPECIFICATION
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ANNEXURE B SPECIAL CONDITIONS OF CONTRACT (SCC) & SCOPE OF WORK (SOW) - AMC FOR CHECKING AND CALIBRATION OF GAS DETECTION SYSTEMS AT KLPL, DHABOL.
The Special Condition of Contract shall be read in conjunction with the General Conditions of Contract, Schedule of rates, Details, and any other documents forming part of contract, wherever the context so requires.
1. INTRODUCTION
Konkan LNG Private Limited (KLPL) is situated at Anjanwel village in Ratnagiri district of Maharastra State and the nearest Railway Station is Chiplun which is in between Ratnagiri and Roha Railway Stations. KLPL Unit is approximately 55.0 Kilometers from Chiplun Railway Station. KLPL Unit is engaged in the unloading of LNG and regasification, which is being transported further through the pipeline network of GAIL. KLPL is one of the prestigious LNG terminal, which is joint venture of GAIL and RGPPL. Since this plant handles and processes highly inflammable and sensitive organic gases and chemicals, the nature of equipment’s varies from simple to highly complex.
SITE LOCATION
Nearest Airport and Distance : Mumbai / 300 Km.
Railway station and Distance : Chiplun/55 Km.
Highway and Distance : NH-66/50 Km.
Important District Town and Distance: Ratnagiri/ 95 Km.
Instrumentation department at KLPL is responsible for upkeep and maintenance of all Instrumentation & control systems of the complex to ensure maximum plant availability. The Department undertakes preventive, break down, predictive, statutory, turnaround, routine maintenance activities in order to ensure availability of all installed control systems on round the clock basis. For carrying out these jobs in KLPL, in a planned manner, AMC is being lined up by Instrumentation department as detailed under various clauses of this document.
2. PERIOD OF CONTRACT:
Period of contract shall be 24 (twenty-four) months from the date of commencement of first visit after the date of Fax of Acceptance (FOA) / Letter of Acceptance (LOA) on intimation by EIC. The Contract may further be extended for a period of six months on same rates, terms and
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conditions at the sole discretion of KLPL.
3. MOBILIZATION PERIOD
Mobilization period of fifteen days shall be permissible for the start and execution of the contract with effect from the date of award of contract or intimation from EIC.
The contractor shall mobilize his crew, tools & tackles, materials, equipment, etc. which have been mentioned for undertaking the contractual obligation at the commencement of the contract.
4. ENGINEER-IN-CHARGE/ SUPERVISION OF WORK :
The Engineer in charge shall look after general supervision and direction of the work. He shall be authorized to stop the work, whenever such stoppage may be necessary to ensure proper execution of the contract. He shall also have authority to reject all work, which does not conform to the tender document. The Engineer in charge reserves the right to suspend the work or part thereof at any time and no claim whatsoever on this account will be entertained. He shall also be authorized to remove any person employed by contractor on disciplinary ground & if not found competent for the job.
Replacement should be done by the contractor within 24 hours of intimation by KLPL.
5. CONDITIONS OF CONTRACT:
i) The work is to be carried out in “restricted area” and contractor will have to work strictly as per instruction of Engineer-In-Charge and obtain permission in standard format for every employee working for him, who are liable for physical check by competent authority as decided by Engineer-in-charge at any time.
ii) The contractor shall be familiar to work in Continuous Running Hydrocarbon Processing plant / LNG regasification plant/ LPG Plant/ Petrochemical Plant / Refinery / Power Plant/ Fertilizer Complexes/ Hydrocarbon pipeline network.
iii) The intending Contractor shall be deemed to have visited the site. Non-familiarity with site and Process Industry conditions will not be considered a reason either for extra claim or for not carrying out job in strict conformity with drawings, specifications or any other terms and conditions of the tender.
iv) Service work force deputed for attending the jobs shall be well conversant to the calibration of LEL detectors as per the standard procedures.
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v) The minimum technical details required for bidding has been incorporated in the SOR (Schedule of Rate(s)) and Detailed Scope of Work. However, if required, the bidder may refer further technical details of any specific equipment(s) which is available with KLPL.
vi) The technical details of the work shall be treated as of confidential nature and the contractor should not pass them to any other organization/company/firm. Also contractor shall not publish the technical details in any periodical / books / seminars / conferences.
vii) The contractor is required to obtain labor license (if applicable) under the provisions of Contract Labor (R&A) Act, 1970 from the office of Assistant Commissioner Of Labour Office, Ministry of Labor, Govt. of India, Ratnagiri. The contractor is liable to abide by all necessary licenses / permissions from the concerned authorities as provided under the various labor legislations.
viii) In case during the execution of contract or thereafter at any later stage, including after the completion of contract, it comes into the knowledge of KLPL or any of its employee that the information submitted by the bidder, regarding experience etc., is false, KLPL shall have the right to terminate the contract immediately without assigning any reason thereof and get the remaining jobs executed at the risk and cost of bidder besides blacklisting it for further dealings with KLPL.
6. OTHER CONDITIONS OF CONTRACT:
(i) No bidder will claim his ignorance regarding terms and conditions.
(ii) Contractor shall be responsible for any loss occurred to KLPL while carrying out the job due to negligence/lack of knowledge etc. Damages if any, to the structures / equipment’s during execution of work will be made good by the contractor without any claim and therefore should take utmost care while working.
(iii) The entire Job shall be carried out in safe manner. Workers engaged in unsafe work shall be removed immediately. Contractor shall comply with all applicable safety laws and he should be conversant with all statutory labour laws and regulations prevailing during the contract and ensure to comply with the same and shall keep the KLPL harmless and indemnified against any action brought against it for any violation and noncompliance of any act etc. Contractor should be registered with labour commissioner and such details to be submitted to KLPL at contractor’s own cost. Failure to comply with statutory regulations would result in quantifiable deduction from running bill and / or cancellation of contract.
(iv) Contractor shall be responsible for all acts of their personnel and loss and damage caused to KLPL’ s property or to third party in any form due to any act or negligence of his personnel shall be chargeable to their account. If any liability is thrust upon KLPL which is
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attributable to contractor staff, It will be charged to contractor’s account or recovered from contractor’s bill.
(v) The value of work under this contract shall be as per attached Schedule of Quantities. Actual work may vary to any extent plus or minus to the attached Schedule of rate. Minimum value of work is not guaranteed.
(vi) The successful bidder shall submit “OCCUPATIONAL HEALTH CHECKUP (OHC) CERTIFICATE” of labor’s at the time of deployment carry out OHC from time to time
(vii) It is the responsibility of the contractor to submit duly certified measurement sheets and periodical bills within time. Bill with all relevant documents as mentioned elsewhere in this tender document is to be sent to EIC for further processing. Periodical bill must have following points clearly mentioned on it:
A. Invoice No, & Date : ------Amount : ------B. Vendor name : ------C. PO/WO Number and Date : ------D. GST No. & Pan No. ------
(viii) Service engineer of Contractor will visit site on every six months interval as per the system requirement for preventive maintenance schedule
7. SCOPE OF WORK & WORK PROCEDURES:
i) The SOR jobs have to be carried out as per standard maintenance/ engineering practices and as per instructions of ENGINEER-IN-CHARGE.
ii) The contractor has to execute the calibration, repairing, maintenance and certification jobs of Gas detection systems at KLPL as per SOR items and as per instructions of EIC.
iii) Contractor shall start the job after getting intimation from EIC or site engineers designated by EIC. Once the job is started, it shall be continued till completion. In case of any unforeseen situation Job can be stopped midway only after getting permission from EIC.
iv) Normally contractor is required to work between 9:00 am to 6:00 pm, on all working days. But, if required due to urgency of jobs contractor has to arrange to carry out the jobs overnight to finish the job at the earliest possible time without any extra charge.
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v) Any maintenance/ repair etc. for completion of the respective SOR item shall be in contractor’s scope and contractor shall not be paid for these jobs separately.
vi) The total installed database shall be shared to the successful bidder only.
Detailed job description is given below:
Preventive maintenance:
1. Periodic Checking/Calibration and alarm points checking of LEL Detectors ( Half yearly) 2. Periodic verification of the response of detector and alarm point checking of Open path LEL System ( Half yearly)
3. The calibration gas required for calibration of LEL detectors is in the scope of party and its valid gas analysis report should be duly provided in each calibration schedule along with calibration certificate. The certificate should be traceable to NIST/NPL standards. Supply of calibration gas (50% LEL) and performance checking gas mixture (10% and 20%) shall be in scope of Contractor 4. Cleaning of detectors/Panel/Cards 5. Check system errors and alarms 6. Check communication cables 7. Checking power supply systems. 8. To check all connections, terminations, functioning of the cards, responses of the detectors, testing of local alarms, relay O/P, and all the interfacings like Deluge valves, Common gas alarms to various systems like SCADA etc. 9. All working sensors shall be checked & calibrated with standard calibration gas mixture (50% LEL) 10. After calibration of the detectors performance check will be carried out with 10% and 20% LEL standard calibration gas mixture 11. During performance checking if any of the detector found non performing, recalibration of the same will be done. 12. To replace defective parts of the cards, defective sensors of the detector, to test and certify repaired card/ detector. The spare cards will be supplied by KLPL 13. All Special tools and tackles required for the job will be in the scope of KLPL 14. Valid traceability certificates of all the calibration gas mixture will be produced by Contractor before starting of calibration of the detectors. 15. Calibration report will be generated by Contractor after successful calibration of the same and is to be signed by both KLPL & Contractor. 16. Tagging will be done by Service Engineer of Contractor after calibration of the each detector mentioning ‘date of calibration’ and ‘calibration due’. 17. Preparing reports of abnormal alarms and pending issues 18. Maintenance to ensure satisfactory performance of LEL detection system, open path system and logging systems. 19. Take corrective actions in case of abnormal alarms. 20. Making minor modifications & trouble shooting as and when require
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Periodical Functional checks
1. LEL card
a) Check the LED on each card.
b) Check the alarm, pre-alarm
c) Check the panel lamp test
d) Check the battery voltage
e) Check for any system alarm
2. Data Logger
a) Check the healthiness of individual tag on data logger
3. Random check of detectors
a) Create alarm condition, take the reading of alarm status
b) Check Hooter working in case of alarm
c) Data logger working and report printing.
4. Open Path LEL System
a) Check the normal functioning, calibration, response check & alignment of OPGDs & alarm in data logger.
Reports:
Periodical work reports, checklists, calibration records and fault rectification records shall be compiled, printed and submitted to Engineer-In-Charge.
INSTALLED MAKES OF LEL DETECTOR and ACCESSORIES
LEL Gas Detector:
Make: Industrial Scientific, Oldham
Model: OLCT-IR-E, OLCT-700 IR, OLCT- 700 FP
Range: 0-100% LEL, 0 -50 % LEL, 0 – 0.3 % to 0 – 100 % by volume
Alarm setting at 10% and 20% (can be changed anytime as per KLPL requirement)
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Data logger System :
Panels : MX-43 CONTROLLER, OLDHAM
DCS :, Schneider, Foxboro
PLC : Allen Bradley,
HMI : Tyco systems
Open path LEL system:
OLDHAM/DETRONICS/SPECTRUM/HONEYWELL
Break Down maintenance:
The contractor shall report at the site within two weeks’ time upon receiving breakdown call from owner, in order to solve the reported problem and to maintain the LEL detection system healthy in all respects for normal operation.
Following jobs are to be carried out in case of breakdown.
1. Identification and rectification of faults in the system.
2. Checking of entire system after rectification of faults.
3. Handing over and observation of the system performance.
4. Preparing the report for the break down.
After every calibration is done, one Emergency Service Visit can be called before
next calibration. This visit shall be made free of cost within two weeks after receipt
of service call. During this service visit, Reported faults shall be rectified & other
preventive maintenance shall be conducted by Contractor. Necessary spares for rectification shall be arranged by KLPL. No calibration will be done during this service visit. Free service visit cannot be accumulated & carried forward to next year. In case of any breakdown maintenance, contractor shall report to site immediately.
8. TOOLS, TACKLES, CONSUMABLES:
The contractor has to ensure all necessary tools and tackles required for carrying out the jobs within 15 days from date of FOI/LOI by KLPL.
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The responsibility of safe handling / storage of equipment’s lies with contractor. The supplied make of instruments other than specified below will be approved by EIC. The supplied instruments shall have valid calibration & will be calibrated from time to time as per requirement by contractor.
Tool and Tackles used by the contractor shall meet following requirements:
All tools and tackles shall be of reputed make (our recommended makes are: Taparia / Mekaster / Everest / Jhalani / Venus/Fluke/HP/). Non-sparking tools to be used for field applications.
Contractor shall provide tools under following category
A) Standard tools kits and test instruments for group on job.
B) Common Tools set .
C) Non sparking Tools set.
9. OTHER TERMS AND CONDITIONS :
1. Party should take care that during the performance of job of calibration of LEL system, the other operations and related jobs of any department shall not be affected/ hindered.
2. After service and calibration, contractor shall normalize the LEL system confirming the healthiness and operation of the entire loop of the LEL system
3. The LEL calibration schedule for the entire year would be handed over to the party initially and it is the responsibility of the party to comply the calibration schedule accordingly. The party should intimate their detail plan of LEL calibration job to KLPL at least 20 days before the start of work. Schedule may alter depending upon mutual discussion/ agreement with KLPL. Care should be taken to comply the calibration schedule in that month only. But in no case this can be postponed to the next month.
4. Service Engineer of Contractor shall co-operate with all agencies working at site.
5. Contractor shall have valid Insurance for the Service Engineer at site as per statutory rules. The cost of Employee Insurances shall be in the scope of Contractor.
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6. Contractor shall raise bills as per actual checking and calibration after completion of one visit. 7. Local transportation for day to day work at site will be provided by M/S KLPL. Apart from the payments mentioned in the BOQ, M/S KLPL shall not make any other payments like Telephone expenses, Travelling expenses, any kind of administration fees, and any charges in lieu of standby time, travel time etc.
8. Notwithstanding anything contained elsewhere, the KLPL may at any time its discretion terminates the contract of part of the contract after giving 30 days’ notice in writing to the contractor without assigning any reason and upon such termination the KLPL shall have the right to remove your materials from site and the contractor shall be paid price of the work satisfactorily completed in accordance with the provisions of this contract
9. Any damages made by the party on the working LEL system shall be punitive and penalty will be charged as per the contractual terms and conditions.
10. Defect Liability Period: Nil
10. MANPOWER (ALL CONTRACTOR EMPLOYEES) RELATED CLAUSES:
i) The Contractor will deploy at least following number of skilled & experienced personnel to discharge the contractual / obligation effectively as per following requirement:
01 no. Supervisor. Minimum One group of at least 2 technicians to be deployed periodically to cater the jobs. Experience of Technician: ITI with minimum 01 year of relevant experience in calibration and maintenance of point type LEL detectors, concern system and related accessories. Experience of Supervisor: Diploma with minimum 02 year of relevant experience in calibration and maintenance of point type LEL detectors, concern system and related accessories along with specialized training on maintenance of LEL detectors, concern system and related accessories & OPGD system .
In addition to above qualification & experience, EIC may take Interview to finalize the working persons. The above is general guidelines of qualification/experience and Decision of EIC shall be treated as final.
ii) The contractor shall ensure that the employees/ workmen employed by him, shall, at all times, be neatly and properly dressed in appropriate cotton uniforms embroidered with
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company’s/ agency’s name with specific color along with safety shoes and helmets. The use of uniform / protective clothing is a must for each workman at site.
iii) Employees/ workmen of contractor shall be polite decent and courteous to all officers / employees /workmen of KLPL and shall maintain high standard of discipline, decency and decorum. They shall be medically fit and fully competent to perform the work.
iv) The contractor firm shall nominate a Supervisor with full authority by contractor who shall supervise and coordinate the jobs envisaged here, receive instructions, corresponding letters, etc. from Engineer-In-Charge and ensure satisfactory performance of services. The major responsibilities of supervisor shall be as follows: -
a. Reporting to EIC or respective site in charge in General shift at 09:15 hrs on working days, while execution of periodical works, if required.
b. Field & site Supervision of all maintenance jobs carried out by contract workers.
c. Follow up job for issuance of work permit.
d. Arrangement of gate passes in time for all contract workers.
e. All related documentation part and any other duty for smooth operation of contract as per instruction of EIC.
v) Service provider to extend the coverage under PMSBY , a copy of policy documents of the deployed individual contract worker to be submitted by the Service Provider as a proof. In such case, no reimbursement towards the cost of the policy would be made to the Service Provider by KLPL being its liability under the Contract. vi) Service provider to ensure to extend the coverage under PMJJBY , a copy of policy documents of the deployed individual contract worker to be submitted by the Service Provider as a proof. In such case, no reimbursement towards the cost of the policy would be made to the Service Provider by KLPL being its liability under the Contract.
11. EXPERIENCES AND QUALIFICATIONS: - i) The contractor shall deploy adequate number of qualified and experienced personnel to discharge the contractual obligations efficiently and manpower deployed shall be well conversant with the hazardous industrial culture.
ii) The contractor shall submit details of experience of workmen while submitting requisition for new gate pass. Any misrepresentation of facts will attract penal actions as per provisions of GCC/tender document.
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iii) KLPL reserves the right to reject any one or all the personnel deployed by contractor on the basis of their not having appropriate qualification / experience, unsatisfactory performance, improper conduct and breaking discipline. If any replacement is sought by “ENGINEER- INCHARGE”, the same shall have to be arranged by the contractor within 24 Hours or as per instruction of “ENGINEER-IN-CHARGE”. In case of any dispute the decision of “ENGINEER-IN-CHARGE” shall be final and binding.
iv) All jobs in this contract are to be carried out under proper supervision. Contractor has to ensure effective supervision of all the jobs carried in plant through experienced and adequately qualified personnel.
v) The contractor shall employ all workers who are above 18 years of age.
vi) In case of any delay in job execution due to non-availability of required manpower, contractor will be held responsible.
12. Contractor’s scope of supply: Calibration gas (traceable to the NIST/NPL standard) and other accessories required for calibration. Copy of Calibration gas validity/stability certificate to be submitted before calibration to EIC. The approximate consumption of Calibration Gases for a period of 24 months is as per the table below, however, it shall be the bidder’s responsibility to provide sufficient quantity of calibration gas required for complete calibration.
SL. COMPONENT CONSUMPTION REMARK
TARGET GAS METHANE corresponding to 1 METHANE 100 lt 50%, 20% & 10 % LEL
CARBON DI- 2 OXIDE/HYDROGEN 03 LTR TARGET GAS CO2/H2/Equivalent equivalent
Minimum PPEs required are:
1) Cotton uniform with specific color. 2) 1 set of safety shoes industry grade with metallic protection at front. 3) Safety Helmet, ISI certified.
These are to be provided apart from daily use / specific PPEs reqd. for the job. However, special safety equipment like breathing apparatus, gas masks, eye protection kits may be provided by KLPL wherever required and demanded by the contractor or his representative.
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The use of PPE is a must for each workman and supervisor working on the payroll of the contractor.
Tools and tackles excluding any special tools, ladders etc. required for execution of job.
Non-sparking tools and test instruments with valid test certificate from competent agency.
Transportation, travelling charges, lodging and boarding charges of service
personal are included in the offer and are in the scope of Contractor
13. SCOPE OF SUPPLY BY KLPL:
The followings shall be under KLPL scope for execution of the Schedule of Rates (SOR) items, which shall be provided to the Contractor free of cost, unless otherwise stated:
Spare parts for the execution of SOR items, shall be in the scope of KLPL Service air, service water shall be provided to the contractor free of cost at one point. Electric power shall be provided to the contractor free of cost at a single point. Space for work shall be provided by KLPL, if required. However, at the event of contract expiry the contractor has to wind up his space & clean the area to the satisfactions of EIC at its own cost For all the jobs, the transportation of materials from one unit to the other, and from point to point, shall be in the scope of KLPL. Transportation of contract employees to the site and back from KLPL accommodation shall be the responsibility of KLPL Bachelor accommodation to Service Engineer during the Visit shall be provided, during the visit of contract persons, on nominal chargeable basis, if available . 14. SAFETY, SECURITY RELATED CLAUSES: Special safety equipment like breathing apparatus, gas masks etc. shall be provided by KLPL, whenever required. Contractor will be responsible for accounting of the same.
All jobs are to be carried out under “Permit system” on receipt of the intimation from S/I or site engineer. The contractor has to cross check for ensuring availability of “Safety work permit” duly signed by process/safety personnel with Instrument S/I or site engineer before starting the jobs. The contractor has to comply all safety requirements for the execution of the job, as per instructions of Plant Safety Officer /"ENGINEER-IN-CHARGE". Contractor shall intimate the concerned S/I of site engineer after completion of job. Further, any guidelines/ regulation/ penalty etc. with regards to this clause notified by HR/ F&S/Central agency of KLPL from time to time during execution of contract shall be binding on the contractor.
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The Contractor shall have to take adequate security measure for security of their office, equipment, machinery, tool & tackles and material. In the case of theft or loss KLPL will not be held responsible.
All the employee of contractor should observe the security and safety related rules and regulations introduced from time to time by KLPL management. Violation of this shall attract penalty as per penalty clause of SCC.
Safety in workplace is KLPL’s major thrust area. Vendor to ensure that ALL personnel deployed by him are well aware of the safety instruction, procedures prevailing in plant. In addition to above the manpower deployed by the contractor shall also be aware about the related SOPs ( Standard Operating Procedures) to be followed for maintenance work inside KLPL complex. Contractor shall submit undertaking that all personnel are aware of the SOP before commencement of Contract.
Each manpower deployed by the contractor shall be made aware about the departmental occupational health and safety Hazards, Environmental aspect & impact, Siren codes, Assembly points pertaining to each plant area, waste & scrap handling and management guidelines etc. If any deviation is observed EIC shall be free to take necessary action.
15.TERMS OF PAYMENT:
The payment shall be done for actual job done based on Schedule of Rates. KLPL does not guarantee any minimum execution of job.
Contractor is required to submit running bills in Duplicate to ENGINEER-IN-CHARGE along with the copies of separate measurement sheets of executed jobs during previous month with in two week after every periodical schedule visit, for job certification and payment. The payment against monthly RA Bill shall be released based on the actual executed job, duly certified by EIC.
The payment shall normally be made within fifteen days of submission of bill to ENGINEER- INCHARGE by Finance Department after statutory deductions.
In case of any damage to KLPL’s property occurs during the execution of work due to contractor or of his employees, deduction will be made from the total claims according to the total evaluated cost of the damaged article. The evaluation of the damage will be done at the sole discretion of KLPL as decided by the ENGINEER-IN-CHARGE.
Final bill along with No claim certificate shall be submitted within 30 days of completion of contract period.
No mobilization advance shall be paid.
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In no case payment of the bills shall be made if the jobs are not certified by the site engineer from time to time.
The quoted rate shall remain firm during the contract period and no escalation will be granted on whatsoever ground including among others increase in cost of labour, consumables etc.
16. PENALTY/TERMINATION CLAUSE FOR NON PERFORMANCE, IF ANY:
Contractor shall execute the work as per the site requirement and as advised by Engineer-In- Charge. Apart from the compensation of delay as mentioned in the tender document, following penalty shall be imposed on contactor & will be directly deducted from RA bill limited to maximum of 10% (ten percent) of RA bill.
In case of failure on the part of the contractor causing safety problem or production loss or mechanical damage to any property belonging to KLPL, Contractor shall be penalized at a flat rate 5% of each case of amount bill in that particular visit, plus actual cost of equipment damaged as per the discretion of the “EIC”.
The contractor shall ensure the proper handling of the spares, special tools, facilities provided by KLPL. If any damage and breakage is found the cost of the items plus 15% overhead shall be back charged to the contractor from his Running bills.
If the contractor fails to mobilize the required resources within reasonable time, in addition to PRS as per GCC, ENGINEER–IN-CHARGE may get the work done through other agency at the risk and cost of the contractor and the security deposit of the contractor may liable to be forfeited.
Nothing, contained herein, shall restrict the KLPL from accepting similar services from other agencies, at its discretion.
In case of delay in execution of job EIC at his discretion may impose a penalty of Rs 5000/- per distinct case of delay. The time taken by contractor for any job shall be considered as the duration from intimation received by the contractor supervisor to the completion of the job in totality. The total of the recoveries shall be limited to maximum 5% of contract value on yearly basis.
In case of further violation, punitive fines will be imposed on contractor. Amount of fine will be decided as per severity of violation of safety. However, minimum fine would be Rs.10,000/- and in multiple of Rs.10,000/-, thereafter. This will be limited to 5% of contract value, as maximum cumulative penalty.
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Penalty for not providing uniform or safety kits. Penalty of Rs 200.00 per day, per person shall be imposed on running bill in each case if the contractor fails to provide either uniform or safety gears to the persons employed by him for this contract. Penalty for not providing general tools and measuring instruments. General tools and measuring instruments have to provide each and every skilled and highly skilled technician as per above mentioned in tender document, If contractor shall fail to provide the same during execution of work , Penalty of Rs 5000/- per visit shall be applicable.
If KLPL considers that the performance of the contractor under the contract is unsatisfactory or not up to the expected standard, then KLPL shall notify the contractor in writing and may specify in details the cause of its dissatisfaction. The KLPL shall have requisition contained in the said written notice issued by the KLPL to the contractor within 10 days of the receipt thereof.
17. Indemnity Bond :
At the time of closure of contract, an Indemnity Bond of Rs.100/- duly notarized from the Notary indemnifying KLPL from all the liabilities w.r.t the persons engaged by the contractor regarding payment of wages, Provident Fund, Gratuity payment, Bonus, Insurance coverage, Overtime and other statutory payment/ penalty payment/ fines concerning various labour laws. Proforma of Indemnity Bond is enclosed at Annexure-II.
18. PHOTOGRAPHS/LABOUR PERMISSION/VEHICLE PERMISSION:
The contractor shall arrange to make photo gate passes/labor permissions/vehicle passes etc. for his persons/labors/vehicles for working in plant premises at his own cost as per rules of the company.
19. HOUSE KEEPING:
Contractor shall ensure that a high degree of housekeeping is maintained throughout the total period of contract
Cleaning of the area/equipment after completion of SOR jobs and shifting of scraps from job location to nearest scraps bin in plant premises shall be in the scope of the contractor. Job shall not be certified until unless contractor clean the area after execution of the job.
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SECTION- V
HEALTH, SAFETY ENVIRONMENT [HSE] SPECIFICATIONS
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HEALTH, SAFETY AND ENVIRONMENT [HSE] SPECIFICATIONS
1.0 SCOPE: These specifications establish the 'Health, Safety and Environment [HSE] Management' requirement to be complied with by the Contractors during executing their Job. Requirements stipulated in these specifications shall supplement the requirements of 'HSE Management' given in relevant act(s) / legislations. 2.0 REQUIREMENTS OF 'HEALTH, SAFETY AND ENVIRONMENT [HSE] MANAGEMENT SYSTEM' TO BE COMPLIED BY BIDDERS: 2.1 Preferably, the Contract should have a documented 'HSE Policy' to cover commitment of their organization to ensure health, safety and environment aspects in their line of operations. 2.2 The Contractor shall ensure that the KLPL's 'Health, Safety and Environment [HSE]' requirements are clearly understood and faithfully implemented at all level, at sites. 2.3 The Contractor shall promote and develop consciousness for health, safety and environment among all personnel working for the Contractor. Regular work-site meetings shall be arranged on 'HSE' activities to cover hazards involved in various operations during executing their jobs, location of First Aid Box, trained personnel to give First Aid, Assembly Points, standby Ambulance or vehicle and fire protection measures such as fire hydrant, water and fire extinguishers, etc.
2.4 Non-conformance of 'HSE' by Contractor [including his sub-Contractors] as brought out during review / audit by KLPL / external agency authorized by KLPL, shall be complied by Contractor and its report to be submitted to KLPL.
2.5 The Contractor shall adhere consistently to all provisions of 'HSE' requirements. In case of non-compliance of continuous failure in implementation of any of 'HSE' provisions, KLPL may impose stoppage of work and a suitable penalty for non- compliance. The decision of imposing stoppage work, its extent and monitory penalty shall rest with KLPL.
2.6 All fatal accidents and other personnel accidents shall be investigated for root cause by KLPL and Contractor shall extend all necessary help and cooperation in this regard. Recommend corrective and preventive actions of findings will be communicated to Contractor for taking suitable actions should be taken by the Contractors to avoid recurrence of such incidences.
2.7 The Contractor shall ensure that all their staffs and workers, including their sub-Contractor(s), shall wear 'Personal Protective Equipments [PPEs]' such as safety helmets, safety shoes, safety belts, protective goggles, gloves, etc., as per job requirements. All these gadgets shall conform to relevant IS specifications or equivalent.
2.8 The Contractor shall assign competent and qualified personnel for carrying out various tasks / jobs as per requirement.
2.9 All equipments should be tested and certified for its capacity before use.
2.10 Contractor shall ensure storage and utilization methodology of materials that are not detrimental to the environment. Where required, Contractor shall ensure that only the environment-friendly materials are used.
2.11 All persons deployed at site shall be knowledgeable of and comply with the environmental laws, rules and regulations relating to the hazardous material substances and waste. Contractor shall not dump release or otherwise discharge of dispose off any such materials without the express authorization of KLPL.
2.12 The Contractor should obtain all work permits before start of activities [as applicable] like hot work, confined space, work at heights, storage of chemicals / explosive materials and its use and implement all precautions mentioned therein.
2.13 The Contractor should display at site office and work locations caution boards, provide posters, banners for safe working to promote safety consciousness, etc. 2.14 The Contractor should carryout audits / inspections / supervisions at the sub-Contractor's works and submit the reports for review by KLPL.
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SECTION – V
GENERAL CONDITION OF CONTRACT (GCC)
Note: While referring the GCC, Konkan LNG Pvt. Limited/KLPL shall be read in place of GAIL (India) Limited/GAIL.
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TABLE OF CONTENTS
Sl. No. Description SECTION – I DEFINITIONS & INTERPRETATIONS 1.1 Definition of Terms 1.2 Interpretations & Priority of Contract Documents 1.3 Special Conditions of Contract SECTION – II GENERAL INSTRUCTIONS & OBLIGATIONS 2.1 Formation of Contract 2.2 Signing of Agreement 2.3 Addenda/Corrigenda 2.4 Liability of Government of India 2.5 Site Visit 2.6 Action in case of Corrupt/Fraudulent /Collusive /Coercive Practices and Poor Performance 2.7 Retired Government or Employer’s Officers 2.8 Conflict of Interest 2.9 Abnormal Rates 2.10 General obligations of Service Provider 2.11 Service Provider’s Representative & Personnel 2.12 Service Provider’s Employees / Personnel 2.13 Contract Performance Security 2.14 Failure by the Service Provider to comply with the provisions of the Contract 2.15 Service Provider remains liable to pay compensation if action not taken under clause 2.13 2.16 Change in constitution 2.17 Termination of Contract 2.18 Amount Payable in case of Termination 2.19 Members of the Employer Not Individually Liable 2.20 Employer not Bound by Personal Representations 2.21 Force Majeure 2.22 Price Reduction Schedule 2.23 Assignment/Sublet 2.24 Liens 2.25 Delays by Employer or his Authorised Representative 2.26 No waiver of rights 2.27 Certificate not to affect right of employer and liability of Service Provider 2.28 Language and Measures 2.29 Release of Information 2.30 Completion Period, Contract Period and Completion of Contract 2.31 Independent Capacity 2.32 Notice 2.33 Confidentiality 2.34 Intellectual Property Right
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SECTION – III PERFORMANCE OF SERVICE 3.1 Execution of services 3.2 Changes In Services 3.3 Action and compensation in case of poor service 3.4 Suspension of services 3.5 Defects Liability Period 3.6 Completion Certificate 3.7 Final Decision & Final Certificate 3.8 Limitation of Liability 3.9 Indemnity SECTION – IV PAYMENT, INSURANCE AND TAXES 4.1 Deduction from the Contract price 4.2 Schedule of rates and payments 4.3 Procedure for Billing of Services 4.4 Notice of claims for additional payments 4.5 Insurance 4.6 Taxes and Duties 4.7 Income tax 4.8 Statutory variations 4.9 Damages to Property of any person and third party SECTION – V LAWS, HEALTH, SAFETY & ENVIRONMENT 5.1 Labour Laws 5.2 Safety regulations 5.3 First aid and industrial injuries 5.4 General rules 5.5 Care in handling inflammable gas 5.6 Preservation of place 5.7 Environment SECTION – VI DISPUTE RESOLUTION AND ARBITRATION 6.1 Dispute resolution 6.2 Arbitration 6.3 Jurisdiction 6.4 Continuance of The Contract Appendix 1 Procedure for action in case of Corrupt /Fraudulent/ Collusive/ Coercive practices Appendix 2 Procedure for Evaluation of Performance of Vendors/ Suppliers/ Contractors / Consultants Appendix 3 Proforma for Contract Agreement
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SECTION – I DEFINITIONS & INTERPRETATIONS
1.1 Definition of Terms:
In this Contract (as defined here-in-after), save where the context otherwise requires, the following words and expressions shall have the meanings respectively assigned to them:
"Approved" means approval in writing including subsequent written confirmation of previous verbal approval(s).
The "Bid /Tender/Offer" means the proposal along with required supporting documents submitted by the Bidder/Service Provider for consideration by the Employer.
The ‘Bidder/Tenderer” means the person(s) / Firm / company /Corporation /Organization/entity, who participated in the Tender.
“Completion Certificate” means the certificate to be issued by the Engineer In-charge (EIC) when the Services have been completed entirely in accordance with Contract.
“Completion Date” means the date of actual completion of the services by the Service Provider as certified by the Employer.
“Contract” means an agreement between Employer and the Service Provider/Supplier for execution of the Service(s) as per Contract Documents and its subsequent amendment(s), if any in writing thereto.
"Contract Documents" means collectively the Tender Documents, Designs, Drawings, Scope of Services, Specifications, Schedule of Rates (SOR), Letter of Acceptance and agreed variations if any, and such other documents constituting the tender and acceptance thereof.
"Day" means a calendar day of 24 hours from midnight to midnight irrespective of the number of hours serviced in that day.
“Demobilization” means removal of all equipment, machinery, manpower from the site after completion of the services with the due permission of EIC.
“Drawings” means and include all Engineering sketches, general arrangements/ layout drawings, sectional plans, all elevations, etc. related to the Contract together with modification and revision thereto.
The “Employer/Service Receiver/ Company/Owner” means GAIL (India) Limited (GAIL), a public limited company, incorporated under the Company’s Act 1956 and having its Registered office at 16, Bhikaiji Cama Place, New Delhi - 110066 and includes its successors, assigns and Site(s)/work center(s).
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The “Engineer-In-Charge" (EIC) means the person designated from time to time by Employer and shall include those who are expressly authorized by him to act for and on his behalf for operation/execution of this Contract for Services.
“Equipment/Materials/Goods” means and include all equipment, machinery, stores, goods which are required under the Contract for satisfactory performance of Services by the Service Provider.
"Fax of Acceptance” means intimation regarding notification of award by the Employer to the successful Bidder/Service Provider through a Fax/ Letter conveying that the Tender/Bid/Offer has been accepted in accordance with the provisions contained therein.
“Guarantee/Warranty/ Defect Liability Period (DLP)” means the period and other conditions governing the warranty/guarantee/defect liability period of the services as provided in the Contract.
"Metric System": All technical documents are given in the metric system and all service should be carried out according to the metric system. All documents concerning the service shall also be maintained in the metric system.
“Mobilization” means stabilizing adequate infrastructure at designated Site comprising of Equipment, aids, tools, tackles, instruments, Goods & Materials, experienced manpower, supported with supervising personal in order to provide services as per the provision of Contract document.
“Negligence” means any act or failure to act (whether sole, joint or concurrent) by a person or an entity which was intended to cause, or which was reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, negligence shall not include any action taken in good faith for the safeguard of life or property.
The "Service(s)" means and include all services and activities/jobs to be performed by the Service Provider in pursuant to and in accordance with Contract or part thereof as the case may be and shall include all extra, additional, altered or substituted services and approvals from any agency/third party & license(s)/permissions from statutory authorities (if any), as required for purpose of the Contract.
The "Service Provider" means Bidder/Tenderer whose tender has been accepted by the Employer and includes the Service Provider's legal representative(s), his successor(s) and permitted assign(s).
“Service Provider’s/ Bidder’s Representative” means such person(s) duly authorized by the Bidder/Service Provider in writing to the Employer as having authority to act for
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and on behalf the Bidder /Service Provider in matters affecting the Services and to provide the requisite services to Employer.
“Site” means the place(s) provided by the Employer where the Services are to be carried out/executed and any other place(s) as may be specifically designated in the Contract as forming part of the site.
“Specifications” means and include detailed description, statements to technical data, performance characteristics, and standards (Indian as well as International) as applicable and as specified in the Contract.
The "Sub-Service Provider" means any person / firm / Organization / company /entity (other than the Service Provider) and it’s legal representatives, successors and permitted assigns named in the Contract as a Sub-Service Provider for a part of the Services or to whom a part of the Services has been sub-Contracted with the written prior consent of the Employer.
"Value of Contract” or “Total Contract Price” means the sum accepted or the sum calculated in accordance with the prices accepted in the Contract as payable to the Service Provider for the entire execution and full completion of the service, including Amendment(s) to Contract, if any.
"Week" means a period of any consecutive seven Days.
“Willful Misconduct” means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or loss or damage of property.
“Working Day” means any Day which is not declared by the Employer to be holiday or off-day.
1.2 INTERPRETATIONS & PRIORITY OF CONTRACT DOCUMENTS
1.2.1 The documents forming the Contract are to be read together and interpreted as mutually explanatory of one another. If there is a direct inconsistency in specific obligation(s), then for the purposes of interpretation, and unless otherwise provided in the Contract, the priority of the Contract Documents shall be in accordance with following sequence:
i) The Contract Agreement ii) Detailed Letter of Acceptance along with its enclosures iii) Fax of Acceptance iv) Scope of Works/ Job Specifications (specific to particular job only, wherever provided) v) Drawings vi) Special Conditions of Contract (SCC) vii) Technical Specifications (wherever applicable) viii) Instructions to Bidders (ITB) ix) General Conditions of Contract (GCC)
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x) Other Documents
Works shown in the Drawing but not mentioned in the Specifications or described in the Specifications without being shown in the Drawings shall nevertheless be deemed to be included in the same manner as if they had been specifically shown upon the Drawings and described in the Specifications.
Any amendment/change order issued by Employer upon signing of formal Contract shall take precedence over respective clauses of the formal Contract and its annexures.
The higher priority interpretation shall be adopted only to the extent required to deal with an inconsistency. Specific term(s) agreed take priority over general statement(s) and terms in Contract Document created at a later date govern over terms in earlier Contract Document. Subject to foregoing, the terms of the groups of documents set out above have equal importance within their group.
1.2.2 Headings and Marginal Notes: All headings and marginal notes to the clauses of these General Conditions of Contract or to the Specifications or to any other Tender Document are solely for the purpose of giving a concise indication and not a summary of the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation thereof the Contract.
1.2.3 Singular and Plural: In Contract Documents unless otherwise stated specifically, the singular shall include the plural and vice versa wherever the context so requires.
1.2.4 Gender: Where the context so requires, words imparting the masculine gender shall also include the feminine gender and the neuter gender and vice versa.
1.2.5 Severability: Should any provision of this Contract be found to be invalid, illegal or otherwise not enforceable by any court of law, such finding shall not affect the remaining provision(s)/clause(s) hereto and they shall remain binding on the parties hereto.
1.3 SPECIAL CONDITIONS OF CONTRACT:
1.3.1 Special Conditions of Contract consisting of scope of services, specification of Services & items etc. shall be read in conjunction with the General Conditions of Contract, and any other documents forming part of this Contract wherever the context so requires.
1.3.2 Notwithstanding the sub-division of the documents into these separate sections and volumes every part of each section/volume shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so.
1.3.3 Where any portion of the General Condition of Contract is repugnant to or at variance with any provisions of the Special Conditions of Contract, unless a different intention
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appears the provisions of the Special Conditions of Contract shall be deemed to over- ride the provisions of the General Conditions of Contract and shall to the extent of such repugnancy, or variations, prevail.
1.3.4 Wherever it is mentioned in the Specifications that the Service Provider shall perform certain Service or provide certain facilities, it is understood that the Service Provider shall do so at his cost and the Value of Contract shall be deemed to have included cost of such performance and provisions, so mentioned.
1.3.5 The materials, design and services shall satisfy the relevant Standards, the Job Specifications contained herein and Codes referred to. Where the job specification stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied.
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SECTION – II
2.0 GENERAL INSTRUCTIONS & OBLIGATIONS
2.1 FORMATION OF CONTRACT:
2.1.1 Employer will be the sole judge in the matter of award of Contract and the decision of Employer shall be final and binding.
2.1.2 The acceptance of tender will be intimated to the successful Bidder by the Employer either by Fax / E - mail /Letter or like means defined as Fax of Acceptance (FOA).
2.1.3 The Contract shall come into force on the date of FOA and the same shall be binding on Employer and Service Provider.
2.2 SIGNING OF AGREEMENT:
2.2.1 The successful Tenderer/Service Provider shall be required to execute an Agreement within 15 days of the FOA in the format attached/enclosed with Tender Document. In the event of failure on the part of the Service Provider to sign the Agreement within the aforesaid stipulated period, the Earnest Money Deposit or initial Security Deposit/Performance Security Deposit (as available, preferably the later) will be forfeited and Employer may consider the Contract as terminated..
2.3 ADDENDA/CORRIGENDA:
2.3.1 Addenda/ Corrigenda to the Tender Documents incorporating modification(s) and clarification(s) to the Tender Document issued prior to the due date of bid submission shall become integral part of the Contract.
2.4 LIABILITY OF GOVERNMENT OF INDIA:
2.4.1 It is expressly understood and agreed by and between Bidder /Service Provider and Employer that Employer is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that Employer is an independent legal entity with power and authority to enter into Contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The Bidder/Service Provider expressly agrees, acknowledges and understands that Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Contract. Accordingly, Bidder/Service Provider hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this
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Contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement/Contract.
2.5 SITE VISIT:
2.5.1 The Bidder/Service Provider shall be deemed to have visited the Site(s)/work centre(s) and familiarized itself while submitting the Tender. Non-familiarity with the Site conditions by the Bidder/ Service Provider will not be considered a reason either for extra claim(s) or for any delay in performance or any other claim in this regard.
2.6 ACTION IN CASE OF CORRUPT/ FRAUDULENT/ COLLUSIVE/ COERCIVE PRACTICES AND POOR PERFORMANCE:
The Bidder(s)/Service Provider(s) are required to abide by the following documents:
(i) The procedure for action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices containing provisions for putting a Bidder/Service Provider on suspension and/or banning list (as the case may be) if such an agency has indulged in Corrupt/ Fraudulent/ Collusive/ Coercive Practices.
The Procedure is enclosed as Appendix 1 to this GCC.
Further, Bidder(s)/Service Provider(s) accepts and certifies that they would adhere to the Fraud Prevention Policy of GAIL and shall not indulge themselves or allow others (working in GAIL) to indulge in fraudulent activities and that they would immediately apprise the Owner/GAIL/Organization(s) of the fraud/ suspected fraud as soon as it comes to their notice. The Fraud Prevention Policy document is available on GAIL’s website (www.gailonline.com).
(ii) The procedure for evaluation of performance of Service Provider containing provisions for putting a Service Provider on suspension and/or holiday list (as the case may be).
The Procedure is enclosed as Appendix 2 to this GCC.
2.7 RETIRED GOVERNMENT OR EMPLOYER’s OFFICERS:
2.7.1 No Employee/Officer employed in Engineering or Administrative duties in an Engineering Department of the States/ Central Government or of the Employer is allowed to service as a Service Provider for a period of one year after his retirement /resignation /severance from Government Service or from the employment of the Employer without the previous permission of the Employer. The Contract, if awarded, is liable to be terminated if either the Service Provider or any of his employees is found at any time to be such a person, who has not obtained the permission of the State/Central Government or of the Employer as aforesaid before submission of tender, or engagement in the Service Provider's service as the case may be.
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2.8 CONFLICT OF INTEREST:
2.8.1 During the currency of Contract and after its termination, the Service Provider and its affiliates, shall be disqualified from providing any goods, works or services for any project resulting from or closely related to the Services.
2.9 ABNORMAL RATES:
2.9.1 The Tenderer is expected to quote rate for each item after careful analysis of cost involved for the performance of the completed item considering all specifications and Conditions of Contract. In case, it is noticed that the rates quoted by the Tenderer for any item are unusually higher or unusually lower, it will be sufficient cause for the rejection of the tender/bid unless the Employer is convinced about the reasonableness after scrutiny of the analysis for such rate(s) to be furnished by the Tenderer (on demand).
2.9.2 In case of Abnormally High Rated (AHR) item(s), the same shall be dealt as per AHR clause in the SCC (as applicable).
2.10 GENERAL OBLIGATIONS OF SERVICE PROVIDER:
Service Provider shall, in accordance with and subject to the terms and conditions of this Contract:
2.10.1 perform the services in accordance with the Scope of Services /Specifications and Activity Schedule of the Tender Document and carry out its obligations with all due diligence and efficiency, in accordance with generally accepted professional techniques and practices and shall observe sound management practices and employ appropriate advance technology and safe methods. When completed, the job/services shall be fit for the purpose for which the services are intended as specifically defined in the Contract.
2.10.2 provide all labour as required to provide the Service unless otherwise provided in the Scope of Services or Special Conditions of the Contract.
2.10.3 perform all other obligations, jobs / services which are required by the terms of this Contract or which reasonably can be implied from such terms as being necessary for providing necessary service as per the Contract.
2.10.4 be deemed to have satisfied himself before submitting his bid as to the correctness and sufficiency of its bid for the services required and of the rates and prices quoted, which rates and prices shall, except insofar as otherwise provided, cover all its obligations under the Contract.
2.10.5 give or provide all necessary supervision during the performance of the services and as long thereafter within the warranty period/DLP as Employer may consider necessary for the proper fulfilling of Service Provider's obligations under the Contract.
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2.10.6 not disrupt the Services of the Employer being carried out by the Service Provider / and shall provide access for carrying out job/services to:
- Employer’s personnel(s), and /or - any other Contractor(s) / Service Provider(s) employed by Employer, and /or - personnel of public authority(ies)/third party(ies)
Further, the Service Provider shall execute the job carefully without causing damage to the existing facility(ies) and facility(ies) of third party(ies) and in case of such happening shall immediately bring to the notice of EIC..
Further, the coordination and inspection of the day-to-day job under the Contract shall be the responsibility of the Engineer-in-Charge (EIC). The EIC or his authroised representative including any statutory authority shall at all reasonable times, have full power and authority to access and inspect the Services wherever in progress either on the Site or at the Service Provider’s premises/workshops and the Service Provider shall afford or procure every facility and assistance to carry out such inspection. Such Inspection shall not release the Service Provider from any obligation under the Contract.
2.11 SERVICE PROVIDER’s REPRESENTATIVE & PERSONNEL:
2.11.1 Service Provider shall appoint a person (“Service Provider’s Representative”) who shall be responsible for and authorized to represent it at all times during the progress of the Service and to receive and to act on any request made by Employer in the performance of the Service pursuant to the terms of this Contract.
2.11.2 Service Provider's Representative shall have full authority to represent and bind the Service Provider in relation to any matter concerning the Service Provider’s performance of the services under the Contract and Employer shall be entitled to rely on all the decisions of the Service Provider’s Representative as if they were the decisions of the Service Provider.
2.11.3 Service Provider's Representative shall supervise, coordinate and ensure the quality of all aspects of his obligations under this Contract. Service Provider shall not change its Representative without the prior approval of Employer.
2.11.4 Service Provider's Representative shall liaise with Employer for the proper coordination and timely completion of the Services and on any matter pertaining to the same.
2.11.5 Service Provider's Representative shall extend full cooperation to Employer’s representatives/inspector in the manner required by them for supervision /inspection/ observation of equipment, material, procedures, performance, reports and records pertaining to Services.
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2.11.6 Service Provider's Representative shall have complete charge of his personnel engaged in the performance of the Service and to ensure compliance of rules and regulations and safety practice.
2.11.7 If the Service Provider’s Representative is found not acceptable to the EIC, the Service Provider shall, as soon as practicable, having regard to the requirement of replacing him, after receiving notice of such withdrawal, remove the representative and shall not thereafter employ him again on the Services in any capacity and shall replace him by another representative acceptable to the EIC.
2.12 SERVICE PROVIDER’S EMPLOYEES / PERSONNEL:
The Service Provider in connection with performing the Services and remedying of any defects, shall provide:
(a) only such skilled and experienced personnel(s) in their respective areas; and
(b) such skilled, semi-skilled and un-skilled labour as is necessary for the proper and timely fulfilling of the Service Provider’s obligations under the Contract.
The Service Provider shall provide skilled / qualified /experienced personnel, if specified in the SCC /Scope of Work.
While engaging the contractual manpower, Service Provider is required to make effort to provide opportunity of employment to the people belonging to Scheduled Castes and weaker sections of society also in order to have a fair representation of these sections.
2.13 CONTRACT PERFORMANCE SECURITY (CPS):
2.13.1 The Service Provider shall provide Contract Performance Security (CPS) to the Employer, within 30 days from the date of notification of award (i.e. FOA/Letter of Acceptance) or the date specified in the notification of award whichever is earlier, for an amount mentioned therein. The CPS shall be returned/refunded three months after Contract completion period and Defects Liability Period (DLP), if any. All costs associated with CPS shall be borne by the Service Provider. No charges or interest shall be payable by the Employer even if the CPS is in the form of a Demand Draft.
2.13.2 The Service Provider shall furnish the CPS in the form of a Demand Draft or a Bank Guarantee or an irrevocable Letter of Credit from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve Bank of India as scheduled foreign bank. However, for other than the Nationalized Indian Banks, the banks whose BGs are furnished, must be commercial banks having net worth in excess of Rs. 100 crores and a declaration to this effect should be made by such commercial bank either in the bank guarantee itself or separately on a letter head. The bank guarantee or the Letter of Credit shall be submitted in the prescribed format.
2.13.3 If the Service Provider or their employees /agents / representatives or Sub-Service Provider (if authorized by Employer) shall damage, break, deface or destroy any property /equipment belonging to the Employer or third party(ies) during the execution of this Contract, the same shall be made good by the Service Provider at his own expenses and in default thereof, the EIC may cause the same to be made good by other
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agencies and recover expenses plus 15% overhead from the Service Provider. The decision of EIC in this matter shall be final and binding on the Service Provider.
2.13.4 All compensation, claim or other sums of money payable by the Service Provider to the Employer under terms of this Contract may be deducted from or paid by the encashment of a sufficient part of his Contract Performance Security or from any sums which may be due or may become due to the Service Provider by the Employer on any account whatsoever and in the event of his CPS being reduced by reasons of any such deductions or sale of aforesaid, the Service Provider shall within ten days thereafter make good in form of bank draft(s)/BG/LC (as the case may be) as aforesaid any sum or sums which may have been deducted from or realised by encashment of his CPS, or any part thereof. The Service Provider shall pay to the Employer on demand without protest any balance remaining due. In this regard no interest shall be payable by the Employer to Service Provider for such sum deposited as CPS.
2.13.5 The CPS deposit shall cover the entire Contract value including extra jobs/ services. As long as the CPS submitted at the time of award take cares the extra jobs/ services executed and total executed value are within the awarded Contract price, there is no need for additional CPS . As soon as the total executed value is likely to exceed the ceiling of awarded Contract Value, the Service Provider should furnish additional CPS through DD or submit amendment to existing BG/LC to effect the enhancement of CPS.
2.13.6 Failure of the successful bidder to comply with the requirements of Clause 2.13 shall constitute sufficient grounds for the annulment of the award, the forfeiture of CPS and any other actions or remedies available to the Employer.
2.14 FAILURE BY THE SERVICE PROVIDER TO COMPLY WITH THE PROVISIONS OF THE CONTRACT:
2.14.1 If the Service Provider refuses or fails to provide the Service or any part thereof with such diligence as will ensure its performance within the time specified in the Contract or extension thereof or fails to perform any of his obligation under the Contract or in any manner commits a breach of any of the provisions of the Contract it shall be open to the Employer at its option by written notice to the Service Provider:
a) TO DETERMINE THE CONTRACT in which event the Contract shall stand terminated and shall cease to be in force and effect on and from the date appointed by the Employer on that behalf, whereupon the Service Provider shall stop forthwith any of the Service then in progress, except such Service as the Employer may, in writing, require to be done to safeguard any property or work or installations from damage, and the Employer, for its part, may take over the Service remaining unfinished by the Service Provider and complete the same through another service provider or by other means, at the risk and cost of the Service Provider, and any of his sureties if any, shall be liable to the Employer for any excess cost occasioned by such service having to be so taken over and
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obtained by the Employer over and above the cost at the rates specified in the schedule of quantities and rate/prices.
b) WITHOUT DETERMINING THE Contract to take over the Service of the Service Provider or any part thereof and complete the same through other service provider or by other means at the risk and cost of the Service Provider. The Service Provider and any of his sureties are liable to the Employer for any excess cost over and above the cost at the rates specified in the Schedule of Quantities/ rates, occasioned by such services having been taken over and completed by the Employer.
2.14.2 In such events of Clause 2.14.1(a) or (b) above, the following shall be applicable:-
a) The whole or part of the Contract Performance Security furnished by the Service Provider is liable to be forfeited without prejudice to the right of the Employer to recover from the Service Provider the excess cost referred to in the sub-clause aforesaid. The Employer shall also have the right of taking possession and utilising in completing the services or any part thereof, such as materials, equipment and plants available at service site belonging to the Service Provider as may be necessary and the Service Provider shall not be entitled for any compensation for use or damage to such materials, equipment and plant.
b) The amount that may have become due to the Service Provider on account of service already executed by him shall not be payable to him until after the expiry of Six (6) calendar months reckoned from the date of termination of Contract or from the taking over of the Service or part thereof by the Employer as the case may be, during which period the responsibility for faulty material or workmanship in respect of such service shall, under the Contract, rest exclusively with the Service Provider. This amount shall be subject to deduction of any amounts due from the Contract to the Employer under the terms of the Contract authorised or required to be reserved or retained by the Employer.
2.14.3 Before taking any action as per Clause 2.14.1(a) or (b) if in the judgment of the Employer, the default or defaults committed by the Service Provider is/are curable and can be cured by the Service Provider if an opportunity given to him, then the Employer may issue Notice in writing calling the Service Provider to cure the default within such time specified in the Notice.
2.14.4 The Employer shall also have the right to proceed or take action as per 2.14.1(a) or (b) above, in the event that the Service Provider becomes bankrupt, insolvent, compounds with his creditors, assigns the Contract in favour of his creditors or any other person(s) or being a company or a corporation goes into voluntary liquidation, provided that in the said events it shall not be necessary for the Employer to give any prior notice to the Service Provider.
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2.14.5 Termination of the Contract as provided for in sub- clause 2.14.1(a) above shall not prejudice or affect their rights of the Employer which may have accrued upto the date of such termination.
2.15 SERVICE PROVIDER REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE 2.14
2.15.1 If in any case in which any of the powers conferred upon the Employer by clause 2.14 thereof shall have become exercisable and the same had not been exercised, the non- exercise thereof shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be exercisable in the event of any further case of default by the Service Provider for which by any clause or clauses hereof he is declared liable to pay compensation amounting to the whole of his Contract Performance Security, and the liability of the Service Provider for past and future compensation shall remain unaffected. In the event of the Employer putting in force the power under above sub- clause 2.14 (a) or 2.14 (b) vested in him under the preceding clause he may, if he so desired, take possession of all or any tools and plants, materials and stores at the site thereof belonging to the Service Provider or procured by him and intended to be used for the execution of the Service or any part thereof paying or allowing for the same in account at the Contract rates or in case of these not being applicable, at current market rates to be certified by the EIC whose certificate thereof shall be final, otherwise the EIC may give notice in writing to the Service Provider or Service Provider’s Representatives requiring him to remove such tools, plant, materials or stores from the premises (within a time to be specified in such notice).
Failure of any action by the Service Provider for removal of material/tools/plant/store etc. within the period mentioned in notice of EIC, the Employer shall also be entitled to recover handling and storage charges @5% of the estimated value of material tools/plant/store for each month or part of a month without relieving the Servicer Provider from any other related liability. In the event of the Service Provider’s failure to remove the same within a period of 6 months or as decided by the EIC, the EIC may take action for removal through auction or private sale on behalf of the Service Provider and at his risk in all respects. The Service Provider shall be liable to pay the Employer the handling & storage charges per month or a part of the month from the date of serving the notice by the EIC to the date of removal of the materials by the Employer plus overhead charges @ 15% of sale value of such materials. In case of negative or zero sale value, the overhead charges shall be applicable on the handling & storage charges. The decision of EIC w.r.t. such removal and the amount of the proceeds shall be final and binding on the Service Provider.
2.16 CHANGE IN CONSTITUTION:
2.16.1 Where the Service Provider is a partnership firm, the prior approval of the Employer shall be obtained in writing, before any change is made in the constitution of the firm. Where the Service Provider is an individual or a Hindu undivided family business concern, such approval as aforesaid shall, likewise be obtained before such Service Provider enters into any agreement with other parties, where under, the reconstituted
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firm would have the right to carry out the service hereby undertaken by the Service Provider. In either case if prior approval as aforesaid is not obtained, the Contract shall be deemed to have been allotted in contravention of clause 2.23 hereof.
2.17 TERMINATION OF CONTRACT:
2.17.1 TERMINATION OF CONTRACT FOR DEATH
If the Service Provider is an individual or a proprietary concern and the individual or the proprietor dies or if the Service Provider is a partnership concern and one of the partner dies then unless, the Employer is satisfied that the legal representative of the individual or the proprietary concern or the surviving partners are capable of carrying out and completing Contract, the Employer is entitled to cancel the Contract for the uncompleted part without being in any way liable for any compensation payment to the estate of the deceased Service Provider and/or to the surviving partners of the Service Provider's firm on account of the cancellation of Contract. The decision of the Employer/EIC in such assessment shall be final & binding on the parties. In the event of such cancellation, the Employer shall not hold the estate of the deceased Service Provider and/or the surviving partners of Service Provider's firm liable for any damages for non-completion of the Contract.
2.17.2 TERMINATION OF CONTRACT IN CASE OF LIQUIDATION / BANKRUPTCY, ETC.
If the Service Provider shall dissolve or become bankrupt or insolvent or cause or suffer any receiver to be appointed of his business of any assets thereof compound with his Creditors, or being a corporation commence to be wound up, not being a member's voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its business under a Receiver for the benefits of its Creditors any of them, Employer shall be at liberty to terminate the Contract forthwith upon coming to know of the happening of any such event as aforesaid by notice in writing to the Service Provider or to give the Receiver or Liquidator or other person, the option of carrying out the Contract subject to his providing a guarantee up to an amount to be agreed upon by the Employer for due and faithful performance of the Contract.
2.17.3 TERMINATION OF CONTRACT FOR CORRUPT / FRADULENT / COLLUSIVE / COERCIVE PRACTICES AND NON-PERFORMANCE
If the Bidder/Service Provider is found to have indulged in Corrupt/ Fraudulent /Collusive/Coercive practices, the Contract shall be terminated and the Bidder/ Service Provider shall be banned for future business with GAIL. The detailed procedure for banning including suspension in this regard may be referred as enclosed as Appendix 1.
Due to non-performance of the Service Provider leading to termination of the Contract, the Service Provider initially shall be put on suspension list and thereafter on holiday list of Employer for a period mentioned in the detailed procedure, to be reckoned from the
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date of communication by Owner/Employer. The detailed procedure for evaluation of performance in this regard may be referred as enclosed as Appendix 2.
2.17.4 TERMINATION FOR CONVENIENCE
Notwithstanding anything contained in the Contract, the Employer may, by 30 (Thirty) days written notice, terminate the Contract in whole or in part. In addition to the payment mentioned at clause 2.18, the Service Provider shall be compensated for de- mobilization and other costs incurred at mutually negotiated terms.
In case of such termination, the obligation of the Employer to pay, shall be limited to the extent of work/job completed by the Service Provider as per provision of the Contract upto the date of termination, subject to the Service Provider complying with other terms of the Contract.
Notwithstanding the termination of the Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.
2.18 AMOUNT PAYABLE IN CASE OF TERMINATION:
2.18.1 In all cases of termination herein set forth, the obligation of the Employer to pay, shall be limited to the extent of service rendered by Service Provider as per provision of the Contract upto the date of termination, subject to the Service Provider complying with other terms of the Contract. Notwithstanding the termination of the Contract, the parties shall continue to be bound by the provisions of this Contract that reasonably require some action or forbearance after such termination.
2.19 MEMBERS OF THE EMPLOYER NOT INDIVIDUALLY LIABLE:
2.19.1 No Director, or official or employee of the Employer shall in any way be personally bound or liable for the acts or obligations of the Employer under the Contract or answerable for any default or omission in the observance or performance of any of the acts, matters or things which are herein contained.
2.20 EMPLOYER NOT BOUND BY PERSONAL REPRESENTATIONS:
2.20.1 The Service Provider shall not be entitled to any increase on the scheduled rates or any other right or claim whatsoever by reason of any representation, explanation statement or alleged representation, promise or guarantees given or alleged to have been given to him by any person.
2.21 FORCE MAJEURE:
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2.21.1 In the event of either party being rendered unable by Force Majeure to perform any obligations required to be performed by them under the Contract the relative obligation of the party affected by such Force Majeure shall upon notification to the other party be suspended for the period during which Force Majeures event lasts. The cost and loss sustained by the either party shall be borne by the respective parties.
The term "Force Majeures" as employed herein shall include:
(a) act of terrorism; (b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection of military or usurped power; (c) ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component; (d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural disaster, but excluding weather conditions regardless of severity; and (e) freight embargoes, strikes at national or state-wide level or industrial disputes at a national or state-wide level in any country where Works/Services are performed, and which affect an essential portion of the Works/Services but excluding any industrial dispute which is specific to the performance of the Works/Services or the Contract.
For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials (other than due to a nationwide transporters’ strike) or commercial hardship shall not constitute a Force Majeure event.
2.21.2 Notification of Force Majeure
The affected party shall notify within 10 (ten) days of becoming aware of or the date it ought to have become aware of the occurrence of an event of Force Majeure giving full particulars of the event of Force Majeure and the reasons for the event of Force Majeure preventing the affected party from, or delaying the affected party in performing its obligations under the Contract.
2.21.3 Right of either party to terminate
If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred eighty) days or more in a continuous period of 365 (three hundred sixty five) days after notice has been given under this clause, either party may terminate the Contract by issuing a written notice of 30 (thirty) days to the other party. Further, the Service Provider shall with all reasonable diligence remove from the Site all the Service Provider's equipment and shall give similar facilities to his Sub Service Provider to do so.
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2.21.4 Payment in case of termination due to Force Majeure
The Contract Price attributable to the Works/Services performed till the date of the commencement of the relevant event of Force Majeure with effective recovery/ retention shall be payable to Service Provider.
The Service Provider has no entitlement and Employer has no liability for:
a) any costs, losses, expenses, damages or the payment of any part of the Total Contract Price during an event of Force Majeure; and
b) any delay costs in any way incurred by the Service Provider due to an event of Force Majeure.
2.21.5 Time for performance of the relative obligation suspended by the Force Majeureshall then stand extended by the period for which such cause lasts.
2.21.6 Outbreak of War:
If during the currency of the Contract there shall be an out break of war whether declared or not, in that part of the World which whether financially or otherwise materially affect the execution of the Work, the Service Provider shall unless and until the Contract is terminated under the provisions in this clause continue to use his best endeavour to complete the execution of the Work/Services, provided always that the Employer shall be entitled, at any time after such out break of war to terminate or re- negotiate the Contract by giving notice in writing to the Service Provider and upon such notice being given the Contract shall, save as to the rights of the parties under this clause and to the operation of the clauses entitled settlement of Disputes and Arbitration hereof, be terminated but without prejudice to the right of either party in respect of any antecedent breach thereof.
2.22 PRICE REDUCTION SCHEDULE:
2.22.1 Time is the essence of the Contract. In case the Service Provider fails to mobilize / deploy the required manpower and the complete equipments so as to commence the Services within Mobilisation Period and complete the Services within the stipulated period, then, unless such failure is due to Force Majeure as defined in Clause 2.21 herein above or due to Employer's defaults, the total Value of Contract shall be reduced by ½ (half) % of the total Value of Contract per complete week of delay or part thereof subject to a maximum of 5 (five) % of the total Value of Contract, by way of reduction in price for delay and not as penalty.
The Employer shall be at liberty to adjust or deduct the said amount from amount due to the Service Provider / it’s Contract Performance Security payable on demand.
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The decision of the EIC with respect to applicability of Price Reduction Schedule shall be final and binding on the Service Provider.
2.22.2 The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered by the Employer on account of delay on the part of the Service Provider and the said amount will be adjusted for the amount payable to the Service Provider, without there being any proof of the actual loss or damages having been caused by such delay/breach.
2.22.3 The Price Reduction will be calculated on the basis of total Value of Contract / executed Value of Contract (as the case may be) including taxes and duties where such taxes and duties have been shown separately in the Contract.
2.22.4 As mentioned above, in case of delay in execution of Contract, Service Provider will raise invoice for reduced value as per Price Reduction Clause. If Service Provider has raised the invoice for full value, then Service Provider will issue Credit Note towards the applicable Price Reduction Schedule amount.
In case Service Provider fails to submit the invoice for reduced value or does not issue credit note as mentioned above, GAIL will release the payment to Service Provider after effecting the Price Reduction Schedule clause.
In the event any financial implication arises on GAIL due to issuance of invoice without reduction in price or non-issuance of Credit Note, the same shall be to the account of Service Provider.
2.23 ASSIGNMENT/SUBLET:
2.23.1 The Service Provider shall not, save with previous written consent of the Engineer-in- charge, sublet, transfer or assign the Contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. Provided, nevertheless, that any such consent shall not relieve the Service Provider from any obligation, duty or responsibility under the Contract.
2.23.2 The basic scope of Services cannot be sublet. However, on specific request of the Service Provider and subject to written consent of Employer, the Service Provider may sublet allied/incidental jobs related to the Services. Such consent shall not relieve the Service Provider from any obligation, duty or responsibility under the Contract and Service Provider shall be fully responsible for the Services hereunder and the execution and performance of the Contract.
2.23.3 Sub-letting of whole Contract is prohibited. An undertaking to this effect will be given by Service Provider along with each invoice/ bill.
2.24 LIENS:
2.24.1 If, at any time there should be evidence of any lien or claim for which the Employer might have become liable and which is chargeable to the Service Provider, the
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Employer shall have the right to retain out of any payment then due or thereafter to become due an amount sufficient to completely indemnify the Employer against such lien or claim and if such lien or claim be valid, the Employer may pay and discharge the same and deduct the amount so paid from any money which may be or may become due and payable to the Service Provider. If any lien or claim remain unsettled after all payments are made, the Service Provider shall refund or pay to the Employer all money that the latter may be compelled to pay in discharging such lien or claim including all costs and reasonable expenses.
2.24.2 The Employer shall have lien on all materials, equipments including those brought by the Service Provider for the purpose of providing service.
2.24.3 The final payment shall not become due until the Service Provider delivers to the EIC a complete release or waiver of all liens arising or which may arise out of his agreement or receipt in full or certification by the Service Provider in a form approved by EIC that all invoices for labour, materials, services have been paid in lien thereof and if required by the EIC in any case an affidavit that so far as the Service Provider has knowledge or information the releases and receipts include all the labour and material for which a lien could be filled.
2.24.4 Service Provider will indemnify and hold the Employer harmless, for a period of two years after the issue of Completion/Execution Certificate, from all liens and other encumbrances against the Employer on account of debts or claims alleged to be due from the Service Provider or his Sub-Service Provider to any person and on behalf of Employer, the Service Provider will defend at his own expense, any claim or litigation brought against the Employer or the Service Provider including Sub-Service Provider in connection therewith. Service Provider shall defend or contest at his own expense, any fresh claim or litigation against the Employer by any person including his Sub-Service Provider, till its satisfactory settlement even after the expiry of two years from the date of issue of Completion/Execution Certificate.
2.25 DELAYS BY EMPLOYER OR HIS AUTHORISED REPRESENTATIVE:
2.25.1 In case the Service Provider's performance is delayed due to any act or omission on the part of the Employer or his authorized Representative, then the Service Provider shall be given due extension of time for the completion of the Service, to the extent such omission on the part of the Employer has caused delay in the Service Provider's performance of his Services.
2.25.2 No adjustment in Contract Price shall be allowed for reasons of such delays and extensions granted except as provided in Tender Document, where the Employer reserves the right to seek indulgence of Service Provider to maintain the agreed Time Schedule of Completion. In such an event the Service Provider shall be obliged to provide Service for additional time beyond stipulated time including Off-days / Holidays or by enhancing resources to achieve the completion date/interim targets.
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2.26 NO WAIVER OF RIGHTS: 2.26.1 None of the terms and conditions of this Contract shall be deemed waived by either party unless such waiver is executed in writing by the duly authorized representative of both the parties.
2.27 CERTIFICATE NOT TO AFFECT RIGHT OF EMPLOYER AND LIABILITY OF SERVICE PROVIDER:
2.27.1 No interim payment certificate(s) issued by the EIC of the Employer, nor any sum paid on account by the Employer, nor any extension of time for execution of the service granted by Employer shall affect or prejudice the rights of the Employer against the Service Provider or relieve the Service Provider of his obligations for the due performance of the Contract, or be interpreted as approval of the Service done and no certificate shall create liability for the Employer to pay for alterations, amendments, variations or additional services not ordered, in writing, by Employer or discharge the liability of the Service Provider for the payment of damages whether due, ascertained, or certified or not or any sum against the payment of which he is bound to indemnify the Employer.
2.28 LANGUAGE AND MEASURES: 2.28.1 All documents pertaining to the Contract including Specifications, Schedules, Notices, Correspondence, operating and maintenance Instructions or any other writing shall be written in English/Hindi language. The Metric System of measurement shall be used in the Contract unless otherwise specified.
2.29 RELEASE OF INFORMATION: 2.29.1 The Service Provider shall not communicate or use in advertising, publicity, sales releases or in any other medium, photographs, or other reproduction of the Service under this Contract or description of the site dimensions, quantity, quality or other information concerning the Service unless prior written permission has been obtained from the Employer.
2.30 COMPLETION PERIOD, CONTRACT PERIOD AND COMPLETION OF CONTRACT:
2.30.1 The Completion Period of Service and Contract Period shall be as mentioned in Special Conditions of Contract.
2.30.2 Unless terminated under the provisions of any other relevant clause, this Contract shall be deemed to have been completed at the expiration of the Defect Liability Period as provided for under the Contract.
2.31 INDEPENDENT CAPACITY
2.31.1 The parties intend that an independent Service Provider relationship will be created by this Contract. The Service Provider and his/her employees or agents performing under
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this Contract are not employees or agents of the Employer. The Service Provider will neither hold himself/herself out as nor claim to be an officer or employee of the Employer by reasons hereof, nor will the Service Provider make any claim of right, privilege or benefit that would accrue to such employee under law. Conduct and control of work will be solely with the Service Provider. 2.32 NOTICE
2.32.1 TO THE SERVICE PROVIDER: Any notice to be given to the Service Provider or his duly authorised representative at the job Site under the terms of the Contract may be served by the Employer by facsimile / e-mail or through registered post/Courier at the address/contact information furnished by the Service Provider. Proof of issue of any such notice could be conclusive of the Service Provider having been duly informed of all contents therein.
2.32.2 TO THE EMPLOYER: Any notice to be given to the EIC of the Employer under the terms of the Contract may be served by the Service Provider, by facsimile / e-mail or delivering the same through registered post /Courier at the concerned site office.
2.32.3 Either party may change a nominated address to another address in the country where the Services are being provided by prior notice to the other party, with a copy to EIC and the EIC may do so by prior notice to both the parties. The decision of EIC in this regard shall be final and binding on the parties.
2.33 CONFIDENTIALITY: The Service Provider, it’s Sub-Service Provider and their personnel shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information related to Service/project, this Contract, or Employer’s business or operations without the prior written consent of the Employer.
2.34 INTELLECTUAL PROPERTY RIGHT: The Service Provider shall retain the copy right and other intellectual property rights in the Service Provider’s document and other design documents made by (or on behalf of) the Service Provider.
Subject to the confidentiality obligations, by signing the Contract, within the Contract Price, the Service Provider shall be deemed to give to the Employer a non-terminable, transferable, non-exclusive and royalty-free right to copy, use and communicate the Service Provider’s documents for the operation, maintenance, repair of the Service and Statutory purposes, but not for any other purpose. Such documents of the Service Provider shall not be used, copied or communicated to a third party by or on behalf of the Employer for the purposes other than those permitted, without the Service Provider’s Consent.
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SECTION - III 3.0 PERFORMANCE OF SERVICE
3.1 EXECUTION OF SERVICES:
3.1.1 All Services shall be provided in strict conformity with the provisions of the Contract Documents and with such explanatory detailed specification and instruction as may be furnished from time to time to the Service Provider by EIC. The Service Provider shall undertake to perform all Services under this Contract with all reasonable skill, diligence and care in accordance with sound industry practice or international / national standards, wherever applicable (as the case may be) to the satisfaction of the Employer and accept full responsibility for the satisfactory quality of such services as performed by them.
3.2 CHANGES IN SERVICES:
3.2.1 During the performance of the Services, EIC / Employer may make a change in the Services within the general scope of this Contract including, but not limited to, changes in methodology and minor additions to or deletions from the Services and Service Provider shall render the service as changed. Changes of this nature will be affected by a written order (i.e. Amendment) by the Employer. The time of completion of the said job may be extended for the part of the particular job at the discretion of Engineer-In- Charge, for only such alterations or substitutions of the Services, as he may consider just and reasonable.
3.2.2 If any change result in an increase in compensation payable to Service Provider or in terms of a credit to be passed on to Employer, Service Provider shall submit to EIC an estimate of the amount of such compensation or credit in a form prescribed by Employer. Such estimates shall be based on the rates shown in the Schedule of Rates. Upon review of Service Provider's estimate, Employer shall establish and set forth in the written order the amount of the compensation or credit for the change or a basis for determining a reasonable compensation or credit for the change.
3.3 ACTION AND COMPENSATION IN CASE OF POOR SERVICE:
3.3.1 If it shall appear to the EIC that any service has been rendered with unsound, imperfect or unskilled way, or with materials /manpower of any inferior description, or that any materials / manpower provided by the Service Provider for the execution of the Service are unsound, or of a quality inferior to that Contracted for, or otherwise not in accordance with the Contract, the Service Provider shall on demand in writing from the EIC or his authorized representative specifying the Service, materials or manpower complained of notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify the service so specified and at his own cost and in the event of failure to do so within the period specified by the EIC in his demand aforesaid, the Service Provider shall be liable to pay compensation at the rate of 1 % (One percent) of the estimated cost of the whole Service, for every week limited to a maximum of 10% (ten percent) of the value of the whole Service, in event of his failure
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to do so the EIC may on expiry of notice period rectify/re-execute the Service as the case may be at the risk and expense in all respects of the Service Provider or may terminate the contract due to non-performance. The decision of the EIC as to any question arising under this clause shall be final and conclusive.
3.4 SUSPENSION OF SERVICES:
3.4.1 Subject to the provisions of sub-para 3.4.2 of this clause, the Service Provider shall, if ordered in writing by the EIC, temporarily suspend the Services or any part thereof for such written order and not proceed with the Service therein ordered to be suspended until, he shall have received a written order to proceed therewith. The Service Provider shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Services aforesaid. An extension of time for completion, corresponding with the delay caused by any such suspension of the Services as aforesaid will be granted to the Service Provider should he apply for the same provided that the suspension was not consequent to any default or failure on the part of the Service Provider.
3.4.2 In case of suspensions of entire Service, ordered in writing by EIC, for a period of more than two months, the Service Provider shall have the option to terminate the Contract.
3.5 DEFECTS LIABILITY PERIOD:
3.5.1 The Service Provider unless otherwise specified elsewhere in the tender document shall guarantee the installation/Service for a period of 12 months from the date of completion of Service mentioned in the Completion Certificate issued by the EIC. Any damage or defect that may arise or lie undiscovered at the time of issue of Completion Certificate, connected in any way with the equipment or materials supplied by him or in the workmanship, shall be rectified or replaced by the Service Provider at his own expense as deemed necessary by the EIC. In case of default, the EIC may carry out such services by other service provider(s) and deduct actual cost incurred towards labour, supervision and materials consumables or otherwise plus 15% towards overheads from any sums that may then be or at any time thereafter, become due to the Service Provider or from his Contract Performance Security, or the proceeds of sale thereof or a sufficient part on thereof. The decision of EIC in this regard shall be final and binding.
3.5.2 If the Service Provider feels that any variation in Service or in quality of materials or proportions would be beneficial or necessary to fulfill the guarantees called for, he shall bring this to the notice of the EIC in writing. If during the period of liability any portion of the Service/Equipment, is found defective and is rectified/ replaced, the period of liability of 12 months for such equipment/ portion of Service shall be operative from the date such rectification/ replacement are carried out and Contract Performance Guarantee shall be furnished separately for the extended period of liability for that portion of Service/ Equipment only. However, in no such case extension will exceed 24 months from the date of initial DLP. Notwithstanding the above provisions the supplier's,
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guarantees/warrantees for the replaced/rectified Equipment/Service shall also be passed on to the Employer.
3.6 COMPLETION CERTIFICATE:
3.6.1 APPLICATION FOR COMPLETION CERTIFICATE: When the Service Provider fulfills his obligation under the Contract he shall be eligible to apply for Completion Certificate. The EIC shall normally issue to the Service Provider the Completion Certificate within one month after receiving any application thereof from the Service Provider after verifying from the completion documents and satisfying himself that the Service has been rendered in accordance with and as set out in the Contract Documents. The Service Provider, after obtaining the Completion Certificate, is eligible to present the final bill for the Service executed by him under the terms of Contract.
Completion of jobs/services for issuance of completion certificate shall constitute completion of jobs/ services as per provisions of LOA/Contract duly accepted and certified by EIC.
3.6.2 COMPLETION CERTIFICATE: Within one month from receipt of application from Service Provider after the completion of the Service in all respects as specified above at clause no. 3.6.1, the Service Provider shall be furnished with a certificate by the EIC of such completion, but no certificate shall be given nor shall the Service be deemed to have been rendered until all scaffolding, Equipment(s) & machine(s), surplus materials and rubbish brought for/ generated during execution of service is cleared off the Site completely. EIC’s certification about completion of service in all aspects shall be binding and conclusive.
3.6.3 COMPLETION CERTIFICATE DOCUMENTS: For the purpose of Completion, the following documents will be deemed to form the completion documents:
i) The technical documents according to which the Service was carried out. ii) Material appropriation, Statement for the materials issued by the Employer for the Service and list of surplus materials returned to the Employer's store duly supported by necessary documents
3.6.4 EXECUTION CERTIFICATE: Execution Certificate against Rate/ Maintenance contract shall be issued by EIC against written request from Service Provider.
3.7 FINAL DECISION & FINAL CERTIFICATE:
3.7.1 Upon expiry of the period of liability and subject to the Engineer-in-Charge being satisfied that the Service Provider has in all respect duly made-up any shortfall and performed all his obligations under the Contract, the Engineer-in- Charge shall (without prejudice to the rights of the Employer to retain the provisions of relevant Clause hereof) otherwise give a certificate herein referred to as the Final Certificate to that
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effect. The Service Provider shall not be considered to have fulfilled the whole of his obligations under Contract until Final Certificate shall have been given by the Engineer- In- Charge.
3.8 LIMITATION OF LIABILITY
3.8.1 Notwithstanding anything contrary contained herein, the aggregate total liability of Service Provider to Employerunder the Contract shall not exceed the Total Contract Value, except that this clause shall not limit the liability of the Service Provider for following: (a) In the event of breach of any Applicable Law; (b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross Negligence of the Service Provider or any person acting on behalf of the Service Provider; or (c) In the event of acts or omissions of the Service Provider which are contrary to the most elementary rules of diligence which a conscientious Service Provider would have followed in similar circumstances; or (d) In the event of any claim or loss or damage arising out of infringement of Intellectual Property; or (e) For any damage to any third party, including death or injury of any third party caused by the Service Provider or any person or firm acting on behalf of the Service Provider in executing the Works/Services.
However, neither party shall be liable to the other Party for any indirect nor consequential loss or damage like loss of use, loss of profit, loss of production or business interruption which is connected with any claim arising under the Contract.
3.9 INDEMNITY:
3.9.1 If any action is brought before a Court, Tribunal or any other Authority against the Employer or an officer or agent of the Employer, for the failure, omission or neglect on the part of the Service Provider to perform any acts, matters, covenants or things under the Contract, or damage or injury caused by the alleged omission or negligence on the part of the Service Provider, his agents, representatives or his Sub- Service Provider's, or in connection with any claim based on lawful demands of Sub-Service Provider's servicemen suppliers or employees, the Service Provider, shall in such cases indemnify and keep the Employer and/or their representatives harmless from all losses, damages, expenses or decrees arising out of such action.
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SECTION – IV
4.0 PAYMENT, INSURANCE AND TAXES
4.1 DEDUCTION FROM THE CONTRACT PRICE:
4.1.1 All costs, damages or expenses which Employer may have paid or incurred, which under the provisions of the Contract, the Service Provider is liable to pay to the Employer. All such claims shall be claimed by the Employer from the Service Provider regularly as and when they fall due. Such claims shall be paid by the Service Provider within 15 (fifteen) days of the receipt of the corresponding bills/ claims and if not paid by the Service Provider within the said period, the Employer may, then, deduct the amount from any immediate moneys due to the Service Provider like R.A Bills, Final Bills, Contract Performance Security or any payment becoming due to the Service Provider under the Contract or may be recovered by actions of law or otherwise, if the Service Provider fails to satisfy the Employer of such claims.
4.2 SCHEDULE OF RATES AND PAYMENTS:
4.2.1 SERVICE PROVIDER'S REMUNERATION:
The price to be paid by the Employer to Service Provider for the whole of the Service to be done and for the performance of all the obligations undertaken by the Service Provider under the Contract Documents shall be ascertained by the application of the respective Schedule of Rates (the inclusive nature of which is more particularly defined by way of application but not of limitation, with the succeeding sub-clause of this clause) and payment to be made accordingly for the Services actually executed and approved by the Engineer-in-Charge. The sum so ascertained shall (except only as and to the extent expressly provided herein) constitute the sole and inclusive remuneration of the Service Provider under the Contract and no further or other payment whatsoever shall be or become due or payable to the Service Provider under the Contract.
4.2.2 SCHEDULE OF RATES TO BE INCLUSIVE:
The prices/rates quoted by the Service Provider shall remain firm till the issue of Final Certificate and shall not be subject to escalation. Schedule of Rates shall be deemed to include and cover all costs, expenses and liabilities of every description and all risks of every kind to be taken in rendering the services to the Employer by the Service Provider. The Service Provider shall be deemed to have known the nature, scope, magnitude and the extent of the service though the Contract Document may not fully and precisely furnish/specify them. The Tenderer shall deemed to include the requisite services as may be required to complete the Services properly including remedying of any defect therein.
4.2.3 SCHEDULE OF RATES TO COVER CONSTRUCTION EQUIPMENTS, MATERIALS, LABOUR ETC.:
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Without in any way limiting the provisions of the preceding sub-clause the Schedule of Rates shall be deemed to include and cover the cost of all construction equipment, temporary work (except as provided for herein), pumps, materials, labour, insurance, fuel, consumables, stores & appliances and such other items / equipments / materials as required for carrying out the services by the Service Provider and all other matters in connection with each item in the Schedule of Rates and the execution of the Service or any portion thereof finished, complete in every respect and maintained as shown or described in the Contract Documents or as may be ordered in writing during the continuance of the Contract.
4.2.4 SCHEDULE OF RATES TO COVER ROYALTIES, RENTS AND CLAIMS:
The Schedule of Rates (i.e., Value of Contract) shall be deemed to include and cover the cost of all royalties and fees for the articles and processes, protected by letters, patent or otherwise incorporated in or used in connection with the Service, also all royalties, rents and other payments in connection with obtaining materials of whatsoever kind for the Service and shall include an indemnity to the Employer which the Service Provider hereby gives against all actions, proceedings, claims, damages, costs and expenses arising from the incorporation in or use in the Service of any such articles, processes or materials, octroi or other municipal or local Board Charges, if levied on materials, equipment or machineries to be brought to site for use for Services shall be borne by the Service Provider.
4.2.5 SCHEDULE OF RATES TO COVER TAXES AND DUTIES:
No exemption or reduction of Customs Duties, GST, Works Contract Tax or any port dues, transport charges, stamp duties or Central or State Government or local Body or Municipal Taxes or duties, taxes or charges (from or of any other body), entry tax, whatsoever, will be granted or obtained, all of which expenses shall be deemed to be included in and covered by the Schedule of Rates, unless mentioned specifically elsewhere in the Tender Document. The Service Provider shall also obtain and pay for all permits/licenses or other privileges necessary to complete the Service.
4.2.6 SCHEDULE OF RATES TO COVER RISKS OF DELAY:
The Schedule of Rates shall be deemed to include and cover the risk of all possibilities of delay and interference with the Service Provider's conduct/peformance of Services which occurs from any causes including orders of the Employer in the exercise of his power and on account of extension of time granted due to various reasons and for all other possible or probable causes of delay.
4.2.7 SCHEDULE OF RATES CANNOT BE ALTERED:
For Service under unit rate basis, no alteration will be allowed in the Schedule of Rates by reason of services or any part of them being modified, altered, extended, diminished
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or committed. The Schedule of Rates are fully inclusive of rates which have been fixed by the Service Provider and agreed to by the Employer and cannot be altered. For lumpsum Contracts, the payment will be made according to the Service actually carried out, for which purpose an item wise, or work wise Schedule of Rates shall be furnished, suitable for evaluating the value of Service provided and preparing running account bill. Payment for any additional Service which is not covered in the Schedule of Rates shall only be released on issuance of Amendment to LOA/Contract by the Employer.
4.3 PROCEDURE FOR BILLING OF SERVICES:
4.3.1 BILLING PROCEDURE:
Following procedures shall be adopted for billing of services executed by the Service Provider.
4.3.1.1 The Bill(s) complete in all respect with details and enclosure(s) is to be submitted by Service Provider in line with terms of the Contract. Employer shall make all endeavour to release payments of undisputed amount of the bills submitted within 15 (Fifteen) days from the date of certification by the Engineer-in-Charge.
4.3.1.2 COMPUTERISED BILLING SYSTEM: GAIL (India) Limited has introduced Computerised Billing System whereby whenever the Bill(s) are submitted in GAIL by a Service Provider, a receipt number is usually generated. The Service Provider may also know the status of the Bill through GAIL’s website.
4.3.2 MODE OF MEASUREMENT:
The payment shall be made based on the mode of measurement as specified in the Contract. Otherwise, the mode of measurement shall be adopted as per latest Indian Standard Specifications.
4.4 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS:
4.4.1 Should the Service Provider consider that he is entitled to any extra payment for any extra/additional Job(s)/Service(s) or material change in original Specifications carried out by him in respect of job, he shall forthwith give notice in writing to the Engineer-in- Charge that he claims extra payment. Such notice shall be given to the Engineer-in- Charge upon which Service Provider bases such claims and such notice shall contain full particulars of the nature of such claim with full details of amount claimed. Irrespective of any provision in the Contract to the contrary, the Service Provider must intimate his intention to lodge claim on the Employer within 10 (ten) days of the commencement of happening of the event and quantify the claim within 30 (thirty) days, failing which the Service Provider will lose his right to claim any compensation/reimbursement/damages etc.. Failure on the part of Service Provider to put forward any claim without the necessary particulars as above within the time above specified shall be an absolute waiver thereof. No omission by Employer to reject any
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such claim and no delay in dealing therewith shall be waiver by Employer of any of these rights in respect thereof.
4.4.2 Engineer-in-Charge shall review such claims within a reasonable period of time and cause to discharge these in a manner considered appropriate after due deliberations thereon. However, Service Provider shall be obliged to carry on with the Jobs/services during the period in which his claims are under consideration by the Employer, irrespective of the outcome of such claims, where additional payments for Services considered extra are justifiable in accordance with the Contract provisions, Employer shall arrange to release the same in the same manner as for normal job payments. Such of the extra services so admitted by Employer shall be governed by all the terms, conditions, stipulations and specifications as are applicable for the Contract. The rates for extra services shall generally be the unit rates provided for in the Contract. In the event unit rates for extra services so executed are not available as per Contract, payments may either be released on day work basis for which daily/hourly rates for workmen and hourly rates for equipment rental shall apply, or on the unit rate for Services executed shall be derived by interpolation/ extrapolation of unit rates already existing in the Contract. In all the matters pertaining to applicability of rate and admittance of otherwise of an extra service claim(s) of Service Provider, the decision of Engineer-in-Charge shall be final and binding on the Service Provider.
4.5 INSURANCE:
4.5.1 Service Provider shall, at his own expense, arrange appropriate insurance to cover all risks assumed by the Service Provider under this Contract in respect of its personnel deputed under this Contract as well as Service Provider’s equipment, tools and any other belongings of the Service Provider or their personnel during the entire period of their engagement in connection with this Contract. Employer will have no liability on this account. The Personnel covered must be covered to meet the liability under Employee Compensation Act.
4.5.2 The provisions of this Clause shall in no way limit the liability of the Service Provider under the Contract.
4.5.3 If the Service Provider neglects, fails, or refuses to obtain or maintain insurances required to be effected, or fails to provide certification etc., the Employer has the right to procure and maintain policies at Service Provider’s expense plus administrative cost of 10% of the amount of Insurance premium.
4.5.4 INSURANCE TYPES:
Service Provider shall at all time during the currency of the Contract provide, pay for and maintain the following insurance amongst others:
a. Employee Compensation and Employer’s common law liability insurance covering liability to employees of the Service Provider under the laws of their
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place or employment or place or injury, arising out of injury sustained in connection with any of the services. This insurance will be extended where submitted by law, to indemnify the Employer against any statutory liability which it may incur towards injured employees of the Service Provider. A proof of the same should be submitted to EIC for liability in line with Employees Compensation Act.
b. General Public Liability Insurance covering liabilities including contractual liability for bodily injury, including death of persons, and liabilities for damage of property. This insurance must cover all operations of Service Provider required to fulfill the provisions under this Contract.
c. Service Provider's Equipment/Materials/Goods used for execution of the work hereunder shall have an insurance cover with a suitable limit (as per international standards).
d. Automobile Public Liability Insurance covering owned, non-owned and hired automobiles used in the performance of the work hereunder, with bodily injury limits and property damage limits as governed by Indian Insurance regulations.
e. Public Liability Insurance as required under Public Liability Insurance Act 1991.
4.5.5 Service Provider shall obtain additional insurance or revise the limits of existing insurance as per Employer’s request in which case additional cost shall be to Service Provider’s account.
Further, the Service Provider shall ensure the adequacy of Insurance at all time in accordance with the nature of the Service(s), terms of the Contract and Statutory requirements.
4.5.6 CERTIFICATE OF INSURANCE:
Before commencing performance of the services, Service Provider shall on request furnish EIC/Employer with certificates of insurance indicating:
i) type and amounts of insurance as required herein; ii) insurance company or companies carrying the aforesaid coverage; iii) effective and expiry dates of policies; iv) that the Employer may give advance notice for any material change in the policy. waiver of subrogation endorsement has been attached to all policies; and v) the territorial limits of all policies.
4.5.7 If any of the above policies expire or are cancelled during the terms of the service, and Service Provider fails for any reason to renew such policies, the Employer may replace same and recover the charges towards premium plus administrative charges from Service Provider. Should there be a lapse in any insurance required to be carried out by
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the Service Provider hereunder for any reason, losses & penalty, if any resulting there from shall be to the sole account of the Service Provider.
4.5.8 Service Provider shall require all its Sub-Service Providers to provide such foregoing insurance cover as the Service Provider is obligated to provide under the Contract.
4.5.9 WAIVER OF SUBROGATION: All insurance policies of the Service Provider with respect to the operations conducted hereunder, shall be endorsed by the underwriter in accordance with the following policy wording:“ The insurers hereby waive their rights of subrogation against any individual, Employer, affiliates or assignees for whom or with whom the assured may be operating to the extent of the Contractual indemnities undertaken by the Service Provider”.
4.5.10 Deductible: That portion of any loss not covered by insurance provided for in this article solely by reason of deductible provision in such insurance policies shall be to the account of the Service Provider.
4.6 TAXES AND DUTIES:
4.6.1 The Service Provider, unless specified otherwise elsewhere in the Contract agrees to and does hereby accept full and exclusive liability for the payment of any and all Taxes, Duties, including GST now or hereafter imposed, increased, modified from time to time in respect of Services and materials and all contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by any Central or State Government authorities which are imposed with respect to or covered by the wages, salaries, or other compensations paid to the persons employed by the Service Provider and the Service Provider shall be responsible for the compliance of all Sub-Service Providers, with all applicable Central, State, Municipal and local law and regulation and requirement of any Central, State or local Government agency or authority. Service Provider further agrees to defend, indemnify and hold Employer harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason or any violation by Service Provider or Sub- Sub-Service Provider of such laws, suits or proceedings that may be brought against the Employer arising under, growing out of, or by reason of the service provided for by this Contract, by third parties, or by Central or State Government authority or any administrative sub- division thereof. Tax deductions will be made as per the rules and regulations in force in accordance with acts prevailing from time to time.
4.6.2 “Supplier shall ensure timely submission of correct invoice(s), as per GST rules/ regulation, with all required supporting document(s) within a period specified in Contract to enable GAIL to avail input credit of GST (CGST & SGST/UTGST or IGST). Further, returns and details required to be filled under GST laws & rules should be timely filed by Supplier of Goods / Services with requisite details.
If input tax credit is not available to GAIL for any reason not attributable to GAIL, then GAIL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST
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or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and interest, if any, against any amounts paid or becomes payable by GAIL in future to the Supplier/Contractor under this contract or under any other contract. In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent government agency brings to the notice of GAIL that the Supplier has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to the government exchequer, then, that Supplier shall be put under Holiday list of GAIL for period of six months after following the due procedure. This action will be in addition to the right of recovery of financial implication arising on GAIL.”
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4.6.3 Where Employer has the obligation to discharge tax liability under reverse charge mechanism and Employer has paid or is /liable to pay GST to the Government on which interest or penalties becomes payable as per rules (as amended from time to time) for any reason which is not attributable to Employer or Input Tax credit with respect to such payments is not available to Employer for any reason which is not attributable to Employer, then Employer shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by Employer to Service Provider.
4.7 INCOME TAX:
4.7.1 Income Tax deduction shall be made from all payments of the Service Provider as per rules and regulation in force in accordance with the Income Tax Act prevailing from time to time. As per the provisions of the income Tax Act, 1961, Permanent Account No. (PAN) is compulsorily required to be mentioned in Tax Deduction at Source (TDS) certificate issued to the payee. Therefore, the bidder must submit the details of PAN / the copy of application filed for allotment of PAN (if PAN no. not available) to EIC immediately on receipt of FOA/Contract Document, failing which, TDS will be applied as per applicable law and TDS certificate will not be issued. Therefore, in case the Service Provider does not furnish PAN, EMPLOYER shall deduct at source as provided in the Income Tax Act 1961, or in the relevant Finance Act, or as directed in the orders u/s 195(3) or 197 or 195(2), as the case may be, or at such higher rate as may be required by Section 206AA of Income Tax Act 1961, from time to time.
4.7.2 In case of foreign bidder, the Service Provider must apply through the local embassy / consulate of India for obtaining PAN card. In case, foreign Service Provider don’t have the PAN, then amount will be deducted and deposited as per law and TDS certificate will also not be provided. Further, such Service Provider shall comply all other provisions mentioned elsewhere in the Tender Document related to making remittances to non-residents including Permanent Establishment, Tax Residency Certificate (TRC) if non-resident desire to avail benefits available under Double Tax Avoidance Agreement (DTAA), Withholding Tax etc., as per Income Tax Act, 1961 (as amended from time to time).
4.8 STATUTORY VARIATIONS:
4.8.1 All duties, taxes (except where otherwise expressly provided in the Contract) as may be levied / imposed in consequences of execution of the Jobs/Services or in relation thereto or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the due date of submission of Bid for this Contract shall be to Service Provider’s account. Any increase / decrease in such duties, taxes after the due date of submission of bid but within the Contractual completion date as stipulated in the Contract will be to the account of Employer subject to submission of documentary proof to the satisfaction of Employer.
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4.8.2 Any increase in the duties and taxes after the Contractual completion period will be to the Service Provider’s account, where delay in completion /mobilization period is attributable to the Service Provider and the taxes & duties are not cenvatable (i.e. Input Tax Credit (ITC) not available). In case of applicability of ITC / cenvatable taxes & duties, payment shall be made as per the prevailing rates during the currency of the Contract. However, any benefit of decrease in duties and taxes after the Contractual completion will be passed on to the Employer.
4.8.3 In the event of introduction of any new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the due date of submission of Bid for this Contract but within the Contractual completion period (including extended period allowed due to reasons attributed to Employer) and which results in increased cost of the jobs/services under the Contract through increased liability of taxes, (other than personnel and Corporate taxes), duties, the Service Provider shall be indemnified for any such increased cost by the Employer subject to the production of documentary proof to the satisfaction of the Employer to the extent which directly is attributable to such introduction of new legislation or change or amendment as mentioned above and adjudication by the competent authority & the courts wherever levy of such taxes / duties are disputed by Employer.
4.8.4 Similarly, in the event of introduction of new legislation or any change or amendment or enforcement of any Act or Law, rules or regulations of Government of India or State Government(s) or Public Body which becomes effective after the due date of submission of Bid for this Contract and which results in any decrease in the cost of the services/ jobs through reduced liability of taxes, (other than personnel and Corporate taxes) duties, the Service Provider shall pass on the benefits of such reduced cost, taxes or duties to the Employer, to the extent which is directly attributable to such introduction of new legislation or change or amendment as mentioned above.
4.9 DAMAGES TO PROPERTY, ANY PERSON AND THIRD PARTY
i) Service Provider shall be responsible for making good to the satisfaction of the Employer any loss or any damage to structures and properties belonging to the Employer or being executed or procured or being procured by the Employer or of other agencies within in the premises of the Employer, if such loss or damage is due to fault and/or the Negligence or Willful Misconduct or omission of the Service Provider, his employees, agents, representatives or Sub-Service Providers.
ii) The Service Provider shall take sufficient care in moving his equipments and materials from one place to another so that they do not cause any damage to any person or to the property of the Employer or any third party including overhead and underground cables and in the event of any damage resulting to the property of the Employer or of a third party during the movement of the aforesaid equipment or materials the cost of such damages including eventual loss of
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production, operation or services in any plant or establishment as estimated by the Employer or ascertained or demanded by the third party shall be borne by the Service Provider. Third party liability risk shall be Rupees One lakh for single accident and limited to Rupees Ten lakhs.
iii) The Service Provider shall indemnify and keep the Employer harmless of all claims for damages to property other than Employer's property arising under or by reason of this agreement, if such claims result from the fault and/or Negligence or Willful Misconduct or omission of the Service Provider, his employees, agents, representative of Sub-Service Provider.
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SECTION – V
5.0 LAWS, HEALTH, SAFETY & ENVIRONMENT
5.1 LABOUR LAWS:
i) No labour below the age of 18 (eighteen) years shall be employed on the Job.
ii) The Service Provider shall not pay less than what is provided under law to labourers engaged by him on the Job.
iii) The Service Provider shall at his expense comply with all labour laws and keep the Employer indemnified in respect thereof.
iv) The Service Provider shall pay equal wages for men and women in accordance with applicable labour laws.
v) If the Service Provider is covered under the Contract labour (Regulation and Abolition) Act, he shall obtain a license from licensing authority (i.e. office of the labour commissioner) by payment of necessary prescribed fee and the deposit, if any, before starting the Job under the Contract. Such fee/deposit shall be borne by the Service Provider.
vi) The Service Provider shall employ labour in sufficient numbers either directly or through Sub- Service Provider's to maintain the required rate of progress and of quality to ensure workmanship of the degree specified in the Contract while also ensuring that workman is not stressed due to long hour of working and to the satisfaction of the EIC.
vii) The Service Provider shall furnish to the EIC the distribution return of the number and description, by trades of the service people employed on the services. The Service Provider shall also submit on the 4th and 19th of every month to the EIC a true statement showing in respect of the second half of the preceding month and the first half of the current month (1) the accidents that occurred during the said fortnight showing the circumstances under which they happened and the extent of damage and injury caused by them and (2) the number of female workers who have been allowed Maternity Benefit as provided in the Maternity Benefit Act 1961 on Rules made thereunder and the amount paid to them.
viii) The Service Provider shall comply with the provisions of the payment of Wage Act 1936, Employee Provident Fund Act 1952, Minimum Wages Act 1948. Employers Liability Act 1938. Servicemen's Compensation Act 1923, Industrial Disputes Act 1947, the Maternity Benefit Act 1961 and Contract Labour Regulation and Abolition Act 1970, Employment of Children Act 1938 or any
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modifications thereof or any other law relating thereto and rules made thereunder from time to time.
ix) The EIC shall on a report having been made by an Inspecting Officer as defined in Contract Labour (Regulation and Abolition) Act 1970 have the power to deduct from the money due to the Service Provider any sum required or estimated to be required for making good the loss suffered by a worker or workers by reason of non- fulfilment of the Conditions of the Contract for the benefit of workers, non-payment of wages or of deductions made from his or their wages which are not justified by the terms of the Contract or non- observance of the said regulations.
x) The Service Provider shall indemnify the Employer against any payments to be made under and for the observance of the provisions of the aforesaid Acts without prejudice to his right to obtain indemnity from his Sub-Service Provider's. In the event of the Service Provider committing a default or breach of any of the provisions of the aforesaid Acts as amended from time to time, of furnishing any information or submitting or filling and Form/ Register/ Slip under the provisions of these Acts which is materially incorrect then on the report of the inspecting Officers, the Service Provider shall without prejudice to any other liability pay to the Employer a sum not exceeding Rs.10000.00 as Liquidated Damages for every default, breach or furnishing, making, submitting, filling materially incorrect statement as may be fixed by the EIC and in the event of the Service Provider's default continuing in this respect, the Liquidated Damages may be enhanced to Rs.5000.00 per day for each day of default subject to a maximum of one percent of the estimated cost of the Services put to the Contract. The EIC shall deduct such amount from bills or Contract Performance Security of the Service Provider and credit the same to the Welfare Fund constitute under these acts. The decision of the EIC in this respect shall be final and binding.
5.2 SAFETY REGULATIONS:
i) In respect of all labour, directly employed in the Service for the performance of Service Provider's part of this agreement, the Service Provider shall at his own expense arrange for all the safety provisions as per safety codes of C.P.W.D., Indian Standards Institution. The Electricity Act, The Mines Act and such other acts as applicable.
ii) The Service Provider shall observe and abide by all fire and safety regulations of the Employer. Before starting service, Service Provider shall consult with Employer's safety Engineers or EIC and must make good to the satisfaction of the Employer any loss or damage due to fire to any portion of the service done or to be done under this agreement or to any of the Employer's existing property.
5.3 FIRST AID AND INDUSTRIAL INJURIES:
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i) Service Provider shall maintain first aid facilities for its employees and those of its Sub-Service Provider.
ii) Service Provider shall make outside arrangements for ambulance service and for the treatment of industrial injuries. Names of those providing these services shall be furnished to Employer prior to start and their telephone numbers shall be prominently posted in Service Provider's field office.
iii) All critical industrial injuries shall be reported promptly to Employer, and a copy of Service Provider's report covering each personal injury requiring the attention of a physician shall be furnished to the Employer.
5.4 GENERAL RULES:
5.4.1 Smoking within the battery area, tank farm, dock limits or any such area identified by EIC or mentioned in SCC or any guideline, is strictly prohibited. Violators of the no smoking rules shall be discharged immediately after imposing the applicable penalty(ies). Decision of EIC in the matter shall be final and binding on the Service Provider.
5.5 CARE IN HANDLING INFLAMMABLE GAS:
5.5.1 The Service Provider has to ensure all precautionary measures and exercise utmost care in handling the inflammable gas cylinder/inflammable liquids/paints etc. as required under the law and/or as advised by the fire Authorities of the Employer.
5.6 PRESERVATION OF PLACE:
5.6.1 The Service Provider shall take requisite precautions and use his best endeavors to prevent any riotous or unlawful behavior by or amongst his worker / personnel employed for the services and for the preservation of peace and protection of the inhabitants and security of property in the neighborhood of the Site. In the event of the Employer requiring the maintenance of a Special Police Force at or in the vicinity of the site during the tenure of services, the expenses thereof shall be borne by the Service Provider and if paid by the Employer shall be recoverable from the Service Provider.
5.7 ENVIRONMENT:
5.7.1 Employer acknowledges their commitment to conduct their respective operations in a manner which not only complies with all relevant environmental protection and pollution control legislation but also such operations do not cause environmental damage or pollution and in a manner which acknowledges other cultural and associated considerations. In recognition of this commitment, the Service Provider shall perform the services in such a way as to avoid or minimize environmental damage or pollution and fully recognize the special aspects of the environment as communicated by
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Employer or as applicable. Service Provider shall comply with, and the Service Provider shall ensure compliance with all applicable environmental protection and pollution control legislation as it relates to the services.
5.7.2 In the furtherance of any laws, regulations and rules promulgated by the Government of India, Service Provider shall:
- Employ good international oil & gas industry practices, including as required, advanced techniques, practices and methods of operation for the prevention of environmental damage in conducting the job;
- Take necessary and adequate steps to prevent environmental damage and, where some adverse impact on the environment is unavoidable, minimize such damage and the consequential effects thereof of property and people; and
- Adhere to the guidelines, limitations or restrictions, if any, imposed by the environmental clearance as applicable.
5.7.3 If during the Service Provider's performance of the services, the Employer is of the opinion that the Service Provider is either not conducting the services in strict compliance with this Contract or is conducting the services in such a way as to endanger the environment or in such a way as to risk being in breach of any environmental protection or pollution control legislation, then the Employer shall notify the Service Provider in writing of the conduct involved and the Service Provider shall initiate corrective action to the reasonable satisfaction of the Employer within twenty four (24) hours of the conduct so notified or as decided by EIC. Employer may, require Service Provider to discontinue the Service in whole or in part until Service Provider has taken such action.
5.7.4 The Service Provider shall notify the Employer as soon as reasonably practicable of any spillage or potential spillage of petroleum or any act of pollution or potentially polluting event. For each and any such event the Service Provider shall record the relevant information on the incident report form and shall deliver the completed form to the Employer forthwith.
5.7.5 After completion of the entire job as per this Contract and prior to Demobilization, Service Provider shall at its expense satisfactorily dispose off all rubbish, remove all temporary work, equipment and materials belonging to Service Provider and return to Employer warehouse all surplus spares and salvageable Employer supplied materials. Further, the Service Provider can take away the brought out Service Provider supplied surplus Material (i.e. Materials brought by the Service Provider for work/Services at site under Contract, not used by them for work/Services and leftover at the Site) subject to prior written consent of the EIC. The payment made, if any, towards such surplus Material will be recovered from the payment of Service Provider.
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Service Provider shall leave the premises in a neat and safe condition. Service Provider shall be required to leave all, sites and surrounding area as it existed at the commencement of Contract.
5.7.6 Service Provider shall:
Ensure that the pertinent completed environmental impact studies including the Rapid Environmental Impact Assessment carried out by Employer are made available to its Personnel and to its Sub-Service Providers to develop adequate and proper awareness of the measures and methods of environmental protection to be used in carrying out the job;
Ensure and maintain at his own cost all lights, guards, fencing, warning signs and watching, when and where necessary or required by the EIC, for the protection of the Services or for the safety and convenience of the public or others.
Ensure that the Contracts entered into between Service Provider and its Sub Service Providers (if allowed) relating to the Services shall include the provisions stipulated herein;
- be responsible for the removal from the Site or for otherwise making safe in accordance with applicable Indian laws and directives any materials generated or released by Service Provider during its activities at the Site which are toxic or similarly hazardous to the health or safety of persons or to the environment;
- be liable for and shall indemnify, protect, defend and hold harmless Employer from and against any and all demands, claims, suits and causes of action and any and all liability, costs, expenses, settlements and judgments incurred in connection therewith (including court costs and attorney’s fees incurred by Employer) arising out of such toxic or hazardous materials for which the Service Provider is responsible pursuant to this Clause.
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SECTION – VI
6.0 DISPUTE RESOLUTION AND ARBITRATION:
6.1 DISPUTE RESOLUTION:
6.1.1 GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with supplementary to Part – III of the Indian Arbitration and Conciliation Act 1996 for speedier, cost effective and amicable settlement of disputes through conciliation. A copy of the said rules made available on GAIL’s web site www.gailonline.com for reference. Unless otherwise specified, the matters where decision of the Engineer-in-Charge is deemed to be final and binding as provided in the Contract and the issues/disputes which cannot be mutually resolved within a reasonable time, all disputes shall be settled in accordance with the Conciliation Rules 2010.
6.1.2 Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties arising under/out of/in connection with this Contract shall be settled in accordance with the aforesaid rules.
6.1.3 In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies) in writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation. Such Invitation for Conciliation shall contain sufficient information as to the dispute(s)/difference(s)/issue(s) to enable the other Party (ies) to be fully informed as to the nature of the dispute(s)/ difference(s) /issue(s), the amount of monetary claim, if any, and apparent cause(s) of action.
6.1.4 Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will be no conciliation proceedings.
6.1.5 If the Party initiating conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she so elects, he/she shall inform the other Party(ies) accordingly.
6.1.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties hereto shall go for Arbitration in terms of clause no. 6.2. For the purpose of this clause, the option of ‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of the Parties.
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6.1.7 The cost of Conciliation proceedings including but not limited to fees for Conciliator(s), Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne by the Parties in equal share.
6.1.8 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the pendency of Conciliation proceedings. The Settlement Agreement, as and when reached/agreed upon, shall be signed between the Parties and Conciliation proceedings shall stand terminated on the date of the Settlement Agreement.
6.2 ARBITRATION:
6.2.1 If the issues/disputes which cannot be resolved through dispute resolution mechanism pursuant to clause no. 6.1, all disputes such shall be referred to arbitration by Sole Arbitrator. The Employer shall suggest a panel of three independent and distinguished persons to the /Service Provider to select any one among them to act as the Sole Arbitrator. In the event of failure of the other parties to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of the sole arbitrator by the other party shall stand forfeited and the Employer shall have discretion to proceed with the appointment of the Sole Arbitrator. The decision of Employer on the appointment of the sole arbitrator shall be final and binding on the parties. The award of sole arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the sole arbitrator, the cost of arbitration proceedings shall be shared equally by the parties. The Arbitration proceedings shall be in English language and seat/venue shall be New Delhi, India. Subject to the above, the provisions of Indian Arbitration & Conciliation Act 1996 and the Rules and amendment thereof shall be applicable. All matter relating to this Contract are subject to the exclusive jurisdiction of the court situated in the state of Delhi.
Contractor may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United Nations Commission on International Trade Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1976.
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Notwithstanding anything contained contrary in GCC and other Contract Documents, in case it is found that the Bidder/Service Provider indulged in fraudulent/ coercive practices at the time of bidding or during execution of the contract as mentioned in “Procedure for action in case of Corrupt/ Fradulent/ Collusive /Coersive Practices”, the Service Provider / Bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of such order for banning.
The Bidder/Service Provider understands and agrees that in such cases of banning, the decision of Employer shall be final and binding on such Bidder/Service Provider and the Arbitration Clause mentioned in the GCC and other Contract Documents shall not be applicable for any issue /dispute arising in the matter.
6.2.2 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR ENTERPRISE(S) INTER SE AND PUBLIC SECTOR ENTERPRISE(S) AND GOVERNMENT DEPARTMENT (S) THROUGH ADMINISTRATIVE MECHANISM FOR RESOLUTION OF CPSEs DISPUTES (AMRCD) IN THE DEPARTMENT OF PUBLIC ENTERPRISES:
In the event of any dispute or difference relating to the interpretation and application of the provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs) inter se and also between CPSEs and Government Departments / Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise Departments), such dispute or difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE (GM) / FTS-1835 dated 22.05.2018.
6.3 JURISDICTION:
6.3.1 The Contract shall be governed by and constructed according to the laws in force in India. The Service Provider hereby submits to the jurisdiction of the Courts situated at New Delhi/Delhi only for the purposes of disputes, actions and proceedings arising out of the Contract and it is agreed that the Courts at New Delhi/Delhi only will have the exclusive jurisdiction to hear and decide such disputes, actions and proceedings.
6.4 CONTINUANCE OF THE CONTRACT:
Notwithstanding the fact that settlement of dispute(s) (if any) may be pending, the parties hereto shall continue to be governed by and perform the Services in accordance with the provisions under this Contract.
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Appendix -1
PROCEDURE FOR ACTION IN CASE OF CORRUPT /FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
A Definitions:
A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution.
“Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided.
A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of Contract/ order.
A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.
A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.
A.5 “Bidder/Service Provider” is herein after referred as “Agency”
A.6 ”Appellate Authority” shall mean Employer’s committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).
A.7 “Competent Authority” shall mean the authority, who is competent to take final decision for Suspension of business dealing with an Agency/ ies and Banning of business dealings with Agency/ iesand shall be the “Director” concerned.
A.8 “Allied Agency” shall mean all the concerns within the sphere of effective influence of banned/ suspended agencies. In determining this, the following factors may be taken into consideration:
(a) Whether the management is common; (b) Majority interest in the management is held by the partners or directors of banned/ suspended firm. (c ) substantial or majority shares are owned by banned/ suspended agency and by virtue of this it has a controlling voice.
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A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the conduct of Agency/ party and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation, State Police or any other agency set up by the Central or state government having power to investigate.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice
B.1 Irregularities noticed during the evaluation of the bids:
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
B.2 Irregularities noticed after award of Contract
(i) During execution of contract:
If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, during execution of Contract, the Agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall be suspended with immediate effect by EIC/ Employer whereby the supply/ work/ service and payment etc. will be suspended. The action shall be initiated for putting the Agency on banning.
After conclusion of process, the order (s)/ contract (s) where it is concluded that such irregularities have been committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG) /CPS submitted by Agency against such order (s)/ contract (s) shall also be forfeited. The amount that may have become due to the contractor on account of work already executed by him shall be payable to the contractor and this amount shall be subject to adjustment against any amounts due from the Service Provider under the terms of the Contract.
No risk and cost provision will be enforced in such cases.
(ii) After execution of Contract and during Defect Liability Period (DLP)/ Warranty/Guarantee Period:
If an Agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after execution of contract and during DLP/ Warranty/Guarantee Period, the Agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
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Further, the Contract cum Performance Bank Guarantee (CPBG)/CPS submitted by Agency against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an Agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the Agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
B.2.2 Period of Banning
The period of banning of agencies indulged in Corrupt/Fraudulent/Collusive/Coercive Practices shall be as under and to be reckoned from the date of banning order:
Sl. No. Description Period of banning from the date of issuance of Banning Order 1 Misrepresentation/False information other than 02 years pertaining to BEC of tender but having impact on the selection process.
For example, if an agency confirms not being in holiday/ banning list of PSUs/ Govt. Dept., liquidation, bankruptcy & etc. and subsequently it is found otherwise, such acts shall be considered in this category. 2 Corrupt/Fraudulent (pertaining to BEC of tender) 03 years /Collusive/Coercive Practices
2.1 If an agency again commits Corrupt/Fraudulent (pertaining to BEC of tender) /Collusive/ Coercive Practices in subsequent cases after their banning,
such situation of repeated offense to be dealt with
more severity and following shall be the period of
banning:
(i) Repeated once 7 years (in addition to the period already served)
(vi) Repeated twice or more 15 years (in addition to the period already served) 3 Indulged in unauthorized disposal of materials 7 years provided by GAIL 4 If act of vendor/ contractor is a threat to the 15 years National Security
C Effect of banning on other ongoing contracts/ tenders
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C.1 If an Agency is put on Banning, such Agency should not be considered in ongoing tenders/future tenders.
C.2 However, if such an Agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/ collusive/coercive practice is found, the Agency should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract.
C.3 If an Agency is put on the Banning List during tendering and no irregularity is found in the case under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the Agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the Agency shall not be opened and BG/EMD submitted by the Agency shall be returned to the Agency.
C.3.3 after opening of price, BG/EMD made by the Agency shall be returned; the offer of the Agency shall be ignored & will not be further evaluated. If the Agency is put on banning list for fraud/ mis-appropriation of facts committed in the same tender/other tender where errant Agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
D. Procedure for Suspension of Bidder
D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated when
(i) Corporate Vigilance Department, GAIL based on the fact of the case gathered during investigation by them recommend for specific immediate action against the Agency.
(ii) Corporate Vigilance Department, GAIL based on the input from Investigating agency, forward for specific immediate action against the Agency.
(iii) Non performance of Bidder/Service Provider leading to termination of Contract/ Order.
D.2 Suspension Procedure:
D.2.1 The order of suspension would operate initially for a period not more than six months and shall be communicated to the Agency and also to Corporate Vigilance Department. Period of suspension can be extended with the approval of the Competent Authority by one month at a time with a ceiling of six months pending a conclusive decision to put the Agency on banning list.
D.2.2 During the period of suspension, no new business dealing shall be held with the Agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with the Agency.
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D.2.4 The decision regarding suspension of business dealings shall also be communicated to the Agency.
D 3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:
D.3.1 No enquiry/bid/tender shall be entertained from an Agency as long as the name of Agency appears in the Suspension List.
D.3.2 If an Agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the Agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the Agency shall not be opened and BG/EMD submitted by the Agency shall be returned to the Agency.
D.3.2.3 after opening of price, BG/EMD made by the Agency shall be returned; the offer of the Agency shall be ignored & will not be further evaluated. If the Agency is put on Suspension list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where errant Agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works, services and consultancy services shall have provision that the bidder shall submit a undertaking to the effect that (i) neither the bidder themselves nor their allied Agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any Government department/ Public Sector.
F. Appeal against the Decision of the Competent Authority:
F.1 The Agency may file an appeal against the order of the Competent Authority for putting the Agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.
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Appendix 2
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS
1.0 GENERAL
A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants (referred elsewhere as “Service Provider”) and their performance is a key process and important to support an effective purchasing & contracting function of an organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be closely monitored to ensure timely receipt of supplies from a Vendor, completion of an assignment by a Consultant or complete execution of order by a contractor within scheduled completion period. For timely execution of projects and meeting the operation & maintenance requirement of operating plants, it is necessary to monitor the execution of order or contracts right from the award stage to completion stage and take corrective measures in time.
2.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/ Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/ Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely completion of various projects, timely receipt of supplies including completion of works & services for operation and maintenance of operating plants and quality standards in all respects.
3.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/Consultant for all orders/Contracts with a value of Rs. 50 Lakhs and above is recommended to be drawn up. Further, Performance rating data Sheet for orders/contracts of Vendor/Supplier/Contractor/ Consultant who are on watch list/holiday list/ banning list shall be prepared irrespective of order/ contract value. These data sheets are to be separately prepared for orders/ contracts related to Projects and O&M within 30 days after execution of Order/ Contract. Format, Parameters, Process, responsibility for preparation of Performance Rating Data Sheet are separately mentioned.
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ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/ Supplier/Contractor/ Consultant would be computed and graded accordingly. The measurement of the performance of the Party would be its ability to achieve the minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated by taking up the matter with concerned Vendor/ Supplier/Contractor/ Consultant. Response of Vendor/ Supplier/Contractor/ Consultant would be considered before deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-in-Charge for the Projects and/or OIC in case of O&M would recommend for continuation or discontinuation of such party from the business of GAIL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if required, corrective action will be taken for improvement in future.
4.0 EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants :
i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/ Supplier/Contractor/ Consultant is not on watch list/ holiday list/ banning list.
ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO with material code ending with 9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the impact on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.
5.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS
5.1 FOR PROJECTS
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i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of PROJECTS shall be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall prepare a Performance Rating Data Sheet (Format at Annexure-1) for all Orders and Contracts.
iii) Depending upon the Performance Rating, following action shall be initiated by Engineer-in-charge/Project-in-charge:
Sl.No. Performance Action Rating 1 POOR Seek explanation for Poor performance 2 FAIR Seek explanation for Fair performance 3 GOOD Letter to the concerned for improving performance in future 4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:
A) Where performance rating is “POOR” (as per Performance Rating carried out after execution of Order/ Contract and where no reply/ unsatisfactory reply is received from party against the letter seeking the explanation from Vendor/Supplier/Contractor/ Consultant along with sharing the performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for the following action:
(b) First such instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period of Three (3) Years.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant
(iii) Poor Performance due to reasons other than Quality: Putting on Holiday for a period of One Year
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(iv) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Putting on Holiday for a period of Two Years
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Putting on Holiday for a period of Three Years
B) Where Poor/Non-Performance leading to termination of contract or Offloading of contract due to poor performance attributable to Vendor/Supplier/ Contractor/Consultant (under clause no. 32 (C) of GCC-Works, Clause no. 28.3.1 of GCC-Goods, second para of Clause no. 2.17.3 of GCC-Services and Clause no.3.16.1 of GCC- Consultancy)
(d) First instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of Three (3) Years.
Further such vendor will not be allowed to participate in the re-tender of the same supply/work/services of that location which has terminated / offloaded. Moreover, it will be ensured that all other action as per provision of contract including forfeiture of Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to execute other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years unless the same is converted into Red Card due to subsequence instances of poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(e) Second instances in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of One Year and they shall also to be considered for Suspension.
(f) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of Three Years and they shall also to be considered for Suspension.
A provision in SAP will be made for flagging (Yellow card and Red card) of such Vendor/Supplier/ Contractor/ Consultant so as to track their
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performance. List of such Vendor/Supplier/ Contractor/ Consultant shall also be uploaded on the GAIL’s intranet.
Further, the bidder status regarding Yellow card should be mentioned in the TCR/ Proposal for Price Bid Opening so that delivery/ execution may be closely monitored by the concerned.
The methodology for processing of above cases of “POOR” (as per Performance Rating) or Poor/Non-Performance leading to termination of contract or Offloading of contract due to poor performance attributable to Vendor/Supplier/Contractor/Consultant shall be as under:
(i) Within 7 days of issuance of termination letter by EIC (after due approval as per DoP) or no reply/receipt of non satisfactory reply to explanation letter for “Poor” Performance Rating, EIC/CIC (for works/ service/consultancy contract) or Project Manager/ Concerned C&P department (for Purchase Orders) will forward the brief of case along with termination letter/ copy of correspondence (for case of Poor Performance rating) to Corporate C&P through their OIC/HoD at Corporate Office.
However, before terminating any contract/ order, the EIC/CIC shall refer the matter to Site ‘Samadhan Committee’ for their deliberation.
(ii) On receipt of above details, for the case of “First Instance”, Corporate C&P Department will issue Advisory notice (as per standard proforma duly vetted by Corporate Law Department) to Vendor/Supplier/Contractor/Consultant for putting them on watch list for a period of Three (3) Years.
The copy of Advisory notice will also be sent to all OICs/HoDs at Corporate Office for instructing EICs to closely monitor the performance of such Vendor/Supplier/ Contractor/ Consultant in other ongoing/ new Orders/ Contracts placed on them.
Simultaneously, VendorSAP will also be advised for “Yellow” flagging such vendor in SAP.
(iii) For the case of “Subsequent Instances” in other ongoing other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant, the matter will be deliberated by the site level committee and recommendations to be forwarded to Corporate C&P for further deliberation by a Corporate Level Committee consisting of following:
(i) HOD (C&P)- Corporate Office
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(ii) HOD (F&A)- Corporate Office (iii) ED of concerned department
All other subsequent process of committee recommendation for issuance of Show Cause Notice (SCN) cum suspension order, vetting of same etc. will be as per extant procedure.
On receipt of reply to SCN, Corporate C&P Department will forward the same to concerned OIC/ HoD at Corporate Office for point wise reply to issues brought out by Vendor/ Supplier/Contractor/ Consultant in their reply to show cause notice.
On receipt of recommendation from site committee through OIC/ HoD at Corporate Office, the matter will once again be deliberated by the aforesaid Corporate Level Committee. All other subsequent process of committee recommendation for keeping the Vendor/ Supplier/Contractor/ Consultant on Holiday or otherwise, vetting of speaking order, approval, etc. will be as per extant procedure.
5.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described in para 5.1 for Projects.
5.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of Operation and Maintenance shall be done immediately after execution of order/ contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall be prepared for Orders by Site C&P and for Contracts/Services by respective Engineer-In-Charge.
iii) Depending upon Performance Rating, following action shall be initiated
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance 2. FAIR Seek explanation for Fair performance 3 GOOD Letter to the concerned for improving performance in future. 4 VERY GOOD No further action
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iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving performance in future. v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:
A) Where performance rating is “POOR” (as per Performance Rating carried out after execution of Order/ Contract and where no reply/ unsatisfactory reply is received from party against the letter seeking the explanation from Vendor/Supplier/Contractor/ Consultant along with sharing the performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for the following action:
(c) First such instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period of Three (3) Years.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant
(v) Poor Performance due to reasons other than Quality: Putting on Holiday for a period of One Year
(vi) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Putting on Holiday for a period of Two Years
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Putting on Holiday for a period of Three Years
B) Where Poor/Non-Performance leading to termination of contract or Offloading of contract due to poor performance attributable to Vendor/Supplier/ Contractor/Consultant (under clause no. 32 (C) of GCC-Works, Clause no. 28.3.1 of GCC-Goods, second para of Clause no. 2.17.3 of GCC-Services and Clause no.3.16.1 of GCC- Consultancy)
(g) First instance: Advisory notice (Yellow Card) shall be issued and Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of Three (3) Years.
Further such vendor will not be allowed to participate in the re-tender of the same supply/work/services of that location which has terminated / offloaded. Moreover, it will be ensured that all other action as per
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provision of contract including forfeiture of Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to execute other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years unless the same is converted into Red Card due to subsequence instances of poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(h) Second instances in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of One Year and they shall also to be considered for Suspension.
(i) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of Three Years and they shall also to be considered for Suspension.
A provision in SAP will be made for flagging (Yellow card and Red card) of such Vendor/Supplier/ Contractor/ Consultant so as to track their performance. List of such Vendor/Supplier/ Contractor/ Consultant shall also be uploaded on the GAIL’s intranet.
Further, the bidder status regarding Yellow card should be mentioned in the TCR/ Proposal for Price Bid Opening so that delivery/ execution may be closely monitored by the concerned.
The methodology for processing of above cases of “POOR” (as per Performance Rating) or Poor/Non-Performance leading to termination of contract or Offloading of contract due to poor performance attributable to Vendor/Supplier/Contractor/Consultant shall be as under:
(iv) Within 7 days of issuance of termination letter by EIC (after due approval as per DoP) or no reply/receipt of non satisfactory reply to explanation letter for “Poor” Performance Rating, EIC/CIC (for works/ service/consultancy contract) or Project Manager/ Concerned C&P department (for Purchase Orders) will forward the brief of case along with termination letter/ copy of correspondence (for case of Poor Performance rating) to Corporate C&P through their OIC/HoD at Corporate Office.
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However, before terminating any contract/ order, the EIC/CIC shall refer the matter to Site ‘Samadhan Committee’ for their deliberation.
(v) On receipt of above details, for the case of “First Instance”, Corporate C&P Department will issue Advisory notice (as per standard proforma duly vetted by Corporate Law Department) to Vendor/Supplier/Contractor/Consultant for putting them on watch list for a period of Three (3) Years.
The copy of Advisory notice will also be sent to all OICs/HoDs at Corporate Office for instructing EICs to closely monitor the performance of such Vendor/Supplier/ Contractor/ Consultant in other ongoing/ new Orders/ Contracts placed on them.
Simultaneously, VendorSAP will also be advised for “Yellow” flagging such vendor in SAP.
(vi) For the case of “Subsequent Instances” in other ongoing other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant, the matter will be deliberated by the site level committee and recommendations to be forwarded to Corporate C&P for further deliberation by a Corporate Level Committee consisting of following:
(iv) HOD (C&P)- Corporate Office (v) HOD (F&A)- Corporate Office (vi) ED of concerned department
All other subsequent process of committee recommendation for issuance of Show Cause Notice (SCN) cum suspension order, vetting of same etc. will be as per extant procedure.
On receipt of reply to SCN, Corporate C&P Department will forward the same to concerned OIC/ HoD at Corporate Office for point wise reply to issues brought out by Vendor/ Supplier/Contractor/ Consultant in their reply to show cause notice.
On receipt of recommendation from site committee through OIC/ HoD at Corporate Office, the matter will once again be deliberated by the aforesaid Corporate Level Committee. All other subsequent process of committee recommendation for keeping the Vendor/ Supplier/Contractor/ Consultant on Holiday or otherwise, vetting of speaking order, approval, etc. will be as per extant procedure.
6.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
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6.1 An order for Holiday passed for a certain specified period shall deemed to have been automatically revoked on the expiry of that specified period and it will not be necessary to issue a specific formal order of revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such order will be properly monitored during execution stage by the concerned site.
7.0 EFFECT OF HOLIDAY
7.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/ Supplier/Contractor/ Consultant shall not be considered in ongoing tenders/future tenders.
7.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/ contract and their performance is satisfactory in terms of the relevant contract, should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract. In such a case CPBG will not be forfeited and payment will be made as per provisions of concerned contract. However, this would be without prejudice to other terms and conditions of the contract.
7.3. Effect on other ongoing tendering:
7.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the party shall be ignored.
7.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not be opened and BG/EMD submitted by the party shall be returned to the party.
7.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.
8.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the holding company, subsidiary, joint venture, sister concerns, group division of the errant Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new tender during the period of holiday.
9.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the tender process with the intention of delaying or defeating any procurement or causing loss to GAIL or any other bidder, such bidder will be put on holiday for a period
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of six months, if such complaint is proved to be vexatious, frivolous or malicious, after following the due procedure.
10. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
(a) The party may file an appeal against the order of the Competent Authority for putting the party on Holiday list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
(d) “Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).
11. ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re- tendering of the same job(s)/item(s).
Further, such bidder will be put on holiday for a period of six months after following the due procedure.
12. In case Govt. department brings to the notice of GAIL that a Party has not paid to the credit of the Government the GSTservice collected from GAIL, then party will be put on holiday for a period of six months after following the due procedure.
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Annexure-1 GAIL (India) Limited PERFORMANCE RATING DATA SHEET (FOR PROJECTS/ CONSULTANCY JOBS)
i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items : Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ : Contractor/ Consultant
vi) Contracted delivery/ : Completion Schedule
vii) Actual delivery/ : Completion date
Performance Delivery/ Completion Quality Reliability Total Parameter Performance Performance Performance# Maximum Marks 40 40 20 100 Marks Allocated
Note: Remarks (if any) PERFORMANCE RATING (**) Note : (#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub- vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance. (*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of No. Authorised Signatory: 1 60 & below POOR
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2 61-75 FAIR Name: 3 76-90 GOOD 4 More than 90 VERY Designation: GOOD
Instructions for allocation of marks
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks Completion Schedule
a) Upto 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 12 weeks 20 ” 16 weeks 15 More than 16 weeks 0
b) Above 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 16 weeks 20 ” 20 weeks 15 ” 24 weeks 10 More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature 0 marks failure endanger - Moderate nature 5 marks system integration - low severe nature 10-25 marks and safety of the system iii) Number of 1. No deviation 5 marks deviations 2. No. of deviations < 2 2 marks
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3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, 4 marks PBG, Drawings and other documents within time ii) Mobilization of resources as per Contract and in 4 marks time iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks or
Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs v) Timely submission of estimates and other 4 marks documents for Extra, Substituted & AHR items B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings 5 marks and other documents within time
ii) Attending complaints and requests for after sales 5 marks service/ warranty repairs and/ or query/ advice (upto the evaluation period).
iii) Response to various correspondence and 5 marks conformance to standards like ISO iv) Submission of all required documents including 5 marks Test Certificates at the time of supply
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Annexure-2 GAIL (India) Limited PERFORMANCE RATING DATA SHEET (FOR O&M)
i) Location :
ii) Order/ Contract No. & date :
iii) Brief description of Items : Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ : Contractor/ Consultant
vi) Contracted delivery/ : Completion Schedule
vii) Actual delivery/ : Completion date
Performance Delivery Quality Reliability Total Parameter Performance Performance Performance# Maximum Marks 40 40 20 100 Marks Allocated (*) Remarks (if any) PERFORMANCE RATING (**) Note : (#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub- vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance (*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of No. Authorised Signatory: 1 60 & below POOR 2 61-75 FAIR Name: 3 76-90 GOOD 4 More than 90 VERY Designation: GOOD
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Instructions for allocation of marks (For O&M)
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks Completion Schedule
a) Upto 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 12 weeks 20 ” 16 weeks 15 More than 16 weeks 0
b) Above 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 16 weeks 20 ” 20 weeks 15 ” 24 weeks 10 More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature 0 marks failure endanger - Moderate nature 5 marks system integration - low severe nature 10-25 marks and safety of the system iii) Number of 1. No deviation 5 marks deviations 2. No. of deviations < 2 2 marks 3. No. of deviations > 2 0 marks
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1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, 4 marks PBG, Drawings and other documents within time ii) Mobilization of resources as per Contract and in 4 marks time iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks or
Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs v) Timely submission of estimates and other 4 marks documents for Extra, Substituted & AHR items B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings 5 marks and other documents within time ii) Attending complaints and requests for after sales 5 marks service/ warranty repairs and/ or query/ advice (upto the evaluation period). iii) Response to various correspondence and 5 marks conformance to standards like ISO iv) Submission of all required documents including 5 marks Test Certificates at the time of supply
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Appendix 3
PROFORMA FOR CONTRACT AGREEMENT
LOA No. GAIL / dated ------
Contract Agreement for the Services of ------of GAIL (India) Ltd. made on ------between (Name and Address)------, hereinafter called the “Service Provider” (which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and GAIL (India) Limited hereinafter called the “Employer” (which term shall, unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part.
WHEREAS
A. The Employer being desirous of having provided and executed certain services mentioned, enumerated or referred to in the Tender Documents including Letter Inviting Tender, General Tender Notice, General Conditions of Contract, Special Conditions of Contract, Specifications, Drawings, Plans, Time Schedule of completion of jobs, Schedule of Rates, Agreed Variations, other documents has called for Tender.
B. The Service Provider has inspected the Site and surroundings and nature of Services specified in the Tender Documents and has satisfied himself by careful examination before submitting his tender as to the form and nature of Site and local conditions, the quantities, nature and magnitude of the Services, the availability of labour and materials necessary for the execution of Services, the means of access to above said place, the supply of power and water thereto and the accommodation he may require and has made local and independent enquiries and obtained complete information as to the matters and thing referred to, or implied in the Tender Documents or having any connection therewith and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the Services to be carried out under the Contract, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and ancillary thereof affecting the execution and completion of the Services and which might have influenced him in making his tender.
C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of Contract, Special Conditions of Contract, Schedule of Rates, General Obligations, Specifications, Drawings, Plans, Time Schedule for completion of Services, Letter of Acceptance of Tender and any statement of agreed variations with its enclosures copies of which are hereto annexed form part of this Contract though separately set out herein and are included in the expression “Contract” wherever herein used.
AND WHEREAS
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The Employer accepted the Tender of the Service Provider for the provision and the execution of the said Services at the rates stated in the Schedule of Rates of the Services and finally approved by Employer (hereinafter called the "Schedule of Rates") upon the terms and subject to the conditions of Contract.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:-
1. In consideration of the payment to be made to the Service Provider for the Services to be executed by him, the Service Provider hereby covenants with Employer that the Service Provider shall and will duly provide, execute and complete the said Services and shall do and perform all other acts and things in the Contract mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said Services and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the Contract.
2. In consideration of the due provision execution and completion of the said Services, Employer does hereby agree with the Service Provider that the Employer will pay to the service provider the respective amounts for the Services actually done by him and approved by the Employer at the Schedule of Rates and such other sum payable to the Service Provider under provision of Contract, such payment to be made at such time in such manner as provided for in the Contract.
A N D
3. In consideration of the due provision, execution and completion of the said Services the Service Provider does hereby agree to pay such sums as may be due to the Employer for the services rendered by the Employer to the Service Provider, such as power supply, water supply and others as set for in the said Contract and such other sums as may become payable to the Employer towards the controlled items of consumable materials or towards loss, damage to the Employer's equipment, materials construction plant and machinery, such payments to be made at such time and in such manner as is provided in the Contract.
It is specifically and distinctly understood and agreed between the Employer and the Service Provider that the Service Provider shall have no right, title or interest in the Site made available by the Employer for execution of the Services or in the goods, articles, materials etc., brought on the said Site (unless the same specifically belongs to the Service Provider) and the Service Provider shall not have or deemed to have any lien whatsoever charge for unpaid bills will not be entitled to assume or retain possession or control of the Site or structures and the Employer shall have an absolute and unfettered right to take full possession of Site and to remove the Service Provider, their servants, agents and materials belonging to the Service Provider and lying on the Site.
The Service Provider shall be allowed to enter upon the Site for execution of the
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Services only as a licensee simpliciter and shall not have any claim, right, title or interest in the Site or the structures erected thereon and the Employer shall be entitled to terminate such license at any time without assigning any reason.
The materials including sand, gravel, stone, loose, earth, rock etc., dug up or excavated from the said Site shall, unless otherwise expressly agreed under this Contract, exclusively belong to the Employer and the Service Provider shall have no right to claim over the same and such excavation and materials should be disposed off on account of the Employer according to the instruction in writing issued from time to time by the Engineer- In-Charge.
In Witness whereof the parties have executed these presents in the day and the year first above written.
Signed and Delivered for and on Signed and Delivered for and on behalf of Employer. on behalf of the Service Provider GAIL (India) Limited Name of the Service Provider
______Date :______Date :______Place:______Place:______
IN PRESENCE OF TWO WITNESSES
1.______1. ______2.______2. ______
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SECTION- VII
SOR – PRICE BID
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Tender No: KLPL/C&P/INST/SFL011/33000011/2019-20 for Hiring of AMC for Testing and Calibration of IR Gas Detectors in LNG terminal at KLPL for the period of 24 months.
SL DESCRIPTION of ITEMS UOM QTY RATE AMOUNT No (RS.) (RS.) Checking & Calibration charges of IR type Flammable 1 Detector , including two alarm point validation, Nos 284 MODEL-OLCT-IR-E, OLDHAM MAKE (Gas Type: Methane) 2 Checking & Calibration charges of IR Type Combustible Detector, including two alarm point Nos 60 validation, Model - OLCT 700 IR , OLDHAM MAKE (Gas Type: Methane) 3 Checking & Calibration charges of Catalytic Type Combustible Detector, including two alarm point Nos 12 validation, Model - OLCT 700 FP CO2 GAS SENSOR, OLDHAM MAKE (Hydrogen or Equivalent) 4 Checking & Calibration of the response of the OPGD Detector, including two alarm point validation, from Nos 12 reputed make (Gas Type: Methane)
SPARE GAS DETECTOR IF REQUIRED :- Checking & Calibration charges of IR type Gas 5 Detector , including two alarm point validation, from Nos 17 Sl. No. 1 and 2 (Gas Type: Methane) Checking & Calibration charges of Catalytic Type 6 Combustible Detector, including two alarm point Nos 01 validation, from Sl. No 3 (Hydrogen or Equivalent) A SUB TOTAL - FOR 24 MONTHS (In Rs.): B GST Rate Applicable (In%):
C TOTAL AMOUNT IN Rs. INCLUSIVE OF GST (in Figure): TOTAL AMOUNT (In Words):
(Authorized Signatory with Seal) Vendor Name & Address: ______
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NOTE TO BIDDERS FOR SOR – PRICE BID :-
1. The bidder(s)/contractor(s) may visit the KLPL work site before quoting at their rates. 2. The SOR should be read in conjunction with all the other sections of the tender. 3. Party must quote against all the SOR(s) items for basic value without considering taxes, duties and GST. 4. Quoted price in this SOR shall be exclusive of all taxes & duties. All applicable taxes, duties and GST will be quoted separately. 5. The Tenderer shall be deemed to have studied all the terms & conditions of RFQ and scope of work to be executed with time schedule and to have acquainted himself of the conditions prevailing at site. 6. Only original copy of price bid should be submitted in price part of the bid and no condition whatsoever should be mentioned in the price bid. 7. Rate quoted by the party against individual SOR items will remain fixed and firm throughout the contract duration/Completion period and will not be liable to any changes under any circumstances whatsoever. All taxes & duties and GST will be paid as extra at actual against Cenvatable Invoices. 8. For GST please read clause no.13 of instruction to bidders (ITB). Please indicate breakup of GST payable by bidder & owner/KLPL, if applicable 9. Bidder has to submit duly filled in SOR-Price bid neatly and clearly. No any overwriting/cutting / White flooding is permitted in the SOR/Price bid, otherwise their offer shall be liable for rejection. KLPL decision in this regards shall be final and binding to all.
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